Roddan v Gwilliam
Case
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[2005] WASCA 209
•10 NOVEMBER 2005
Details
AGLC
Case
Decision Date
Roddan v Gwilliam [2005] WASCA 209
[2005] WASCA 209
10 NOVEMBER 2005
CaseChat Overview and Summary
Lindsay Gordon Roddan appealed against the striking out of his action against Edward Clayton Gwilliam and Paul Stefan Schubert, both serving police officers. The appeal was dismissed for want of prosecution. The court granted the application to dismiss the appeal due to the appellant's inordinate and inexcusable delay in prosecuting the appeal. The court held that the delay was not justified and that the justice of the case required the appeal to be dismissed.
The court considered the principles guiding the exercise of its inherent jurisdiction to dismiss an appeal for want of prosecution. The court held that the delay must be considered in light of the appellant's conduct and the circumstances of the case. The court held that the appellant's delay was inordinate and inexcusable and that the justice of the case required the appeal to be dismissed. The court held that the appellant's delay had caused prejudice to the respondents and that the delay was not justified. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable.
The court held that the appellant's delay was inordinate and inexcusable and that the justice of the case required the appeal to be dismissed. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable. The court held that the appellant's delay had caused prejudice to the respondents and that the delay was not justified. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable.
The final orders of the court were that the appeal be dismissed with costs.
The court considered the principles guiding the exercise of its inherent jurisdiction to dismiss an appeal for want of prosecution. The court held that the delay must be considered in light of the appellant's conduct and the circumstances of the case. The court held that the appellant's delay was inordinate and inexcusable and that the justice of the case required the appeal to be dismissed. The court held that the appellant's delay had caused prejudice to the respondents and that the delay was not justified. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable.
The court held that the appellant's delay was inordinate and inexcusable and that the justice of the case required the appeal to be dismissed. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable. The court held that the appellant's delay had caused prejudice to the respondents and that the delay was not justified. The court held that the appellant had not shown any good cause for the delay and that the delay was not excusable.
The final orders of the court were that the appeal be dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Appeal
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Limitation Periods
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Jurisdiction
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Standing
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Dismissal for Want of Prosecution
Actions
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Citations
Roddan v Gwilliam [2005] WASCA 209
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Statutory Material Cited
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[2005] WASCA 87
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