P -v- J [2014] WASCA 95
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASCA 95 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:128/2012 | 10 APRIL 2014 | |
| Coram: | NEWNES JA MURPHY JA BEECH J | 5/05/14 | |
| 19 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | P J |
Catchwords: | Family law De facto relationship Application for property settlement Application for leave to proceed out of time pursuant to s 205ZB(2) of Family Court Act 1997 (WA) Whether primary judge's findings of hardship open on the evidence Adequacy of findings Adequacy of reasons Whether appellable error in relation to discretion Matters going to weight only |
Legislation: | Family Court Act 1997 (WA), s 205ZB |
Case References: | Dodds v Kennedy [2011] WASCA 32 Giller v Procopets [2008] 24 VR 1; (2008) VSCA 236 Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513 House v The King [1936] HCA 40; (1936) 55 CLR 499 Jones v Grech [2001] NSWCA 208; (2001) 27 Fam LR 711 Lovell v Lovell [1950] HCA 52; (1950) 81 CLR 513 Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605 McDonald v Stelzer [2000] NSWCA 302; (2000) 27 Fam LR 304 Monteleone v The Owners of the Old Soap Factory [2007] WASCA 79 Neocleous and Neocleous (1993) 16 Fam LR 557 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513 Selmore v Bull [2005] NSWCA 365; (2005) 34 Fam LR 488 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 Whitford and Whitford (1979) 4 Fam LR 754 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : P -v- J [2014] WASCA 95 CORAM : NEWNES JA
- MURPHY JA
BEECH J
- Appellant
AND
J
Respondent
ON APPEAL FROM:
Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA
Coram : CROOKS J
Citation : J and P [2012] FCWA 100
File No : PTW 1385 of 2009
Catchwords:
Family law - De facto relationship - Application for property settlement - Application for leave to proceed out of time pursuant to s 205ZB(2) of Family Court Act 1997 (WA) - Whether primary judge's findings of hardship open on the evidence - Adequacy of findings - Adequacy of reasons - Whether appellable error in relation to discretion - Matters going to weight only
Legislation:
Family Court Act 1997 (WA), s 205ZB
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr H O Moser
Respondent : Mr J B Hedges
Solicitors:
Appellant : GG Legal
Respondent : Bannerman Solicitors
Case(s) referred to in judgment(s):
Dodds v Kennedy [2011] WASCA 32
Giller v Procopets [2008] 24 VR 1; (2008) VSCA 236
Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513
House v The King [1936] HCA 40; (1936) 55 CLR 499
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CaseChat Overview and Summary
The court examined the primary judge's findings and concluded that the evidence supported the determination that the applicant would not suffer significant hardship if the application was dismissed. The court found that the primary judge had adequately considered the evidence and provided sufficient reasons for the decision. The court held that the matters raised in the appeal were questions of weight rather than legal errors, and thus the appeal was not successful. Consequently, the court dismissed the appeal, affirming the primary judge's decision.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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