Roddan v Gwilliam

Case

[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.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

  • Jurisdiction

  • Standing

  • Dismissal for Want of Prosecution

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Most Recent Citation
MQ v SC [2019] ACTCA 29

Cases Citing This Decision

18

MQ v SC [2019] ACTCA 29
Cases Cited

15

Statutory Material Cited

1

Roddan v The Queen [2005] WASCA 87