West v Wood - [2002] WADC 200

WEST -v- WOOD [2002] WADC 200

Last Update: 24/09/2002

WEST -v- WOOD [2002] WADC 200
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WADC 200
Case No:	CIV:2912/2001	Heard:	16 AUGUST 2002
Coram:	DEANE DCJ	Delivered:	20/09/2002
Location:	PERTH	Supplementary Decision:
No of Pages:	14	Judgment Part:	1 of 1
Result:	Appeal allowed
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	GEOFFREY KENNETH BENJAMIN WEST STEVEN JAMES WOOD
Catchwords:	Practice and procedure Appeal against decision of Deputy Registrar refusing to set aside default judgment Whether adequate reason for failure to comply with rules Need for defence to have a real prospect of success Turns on own facts
Legislation:	Nil
Case References:	Evans v Bartlam [1937] AC 473 Palmer v Prince [1980] WAR 61 Parker v Transfield Pty Ltd & Anor [2000] WASCA 382; 7 December 2000 Rollond & Anor v Bank of Western Australia Ltd, unreported; SCt of WA; Library No 980498A-C; 3 September 1998 Surdex Steel Pty Ltd v Buck & Anor [1999] VSC 521 Surfer's Paradise International Convention Centre Pty Ltd v National Mutual Life Association of Australasia Limited [1984] 2 Qd R 447 Richard Lochiel Cameron & Anor v Paul David King & Anor, unreported; SCt of WA; Library No 990089; 2 March 1999

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CHAMBERS

LOCATION : PERTH CITATION : WEST -v- WOOD [2002] WADC 200 CORAM : DEANE DCJ HEARD : 16 AUGUST 2002 DELIVERED : 20 SEPTEMBER 2002 FILE NO/S : CIV 2912 of 2001 BETWEEN : GEOFFREY KENNETH BENJAMIN WEST

Appellant/Defendant

AND

STEVEN JAMES WOOD

Respondent/Plaintiff

Catchwords:

Practice and procedure - Appeal against decision of Deputy Registrar refusing to set aside default judgment - Whether adequate reason for failure to comply with rules - Need for defence to have a real prospect of success - Turns on own facts

Legislation:

Nil

Result:

Appeal allowed

(Page 2)

Representation:

Counsel:

Appellant/Defendant : Mr M J Walton

Respondent/Plaintiff : Mr T B Lyons

Solicitors:

Appellant/Defendant : Marks & Sands

Respondent/Plaintiff : Gibson Lyons

Case(s) referred to in judgment(s):

Evans v Bartlam [1937] AC 473
Palmer v Prince [1980] WAR 61
Parker v Transfield Pty Ltd & Anor [2000] WASCA 382; 7 December 2000
Rollond & Anor v Bank of Western Australia Ltd, unreported; SCt of WA; Library No 980498A-C; 3 September 1998
Surdex Steel Pty Ltd v Buck & Anor [1999] VSC 521
Surfer's Paradise International Convention Centre Pty Ltd v National Mutual Life Association of Australasia Limited [1984] 2 Qd R 447

Case(s) also cited:

Richard Lochiel Cameron & Anor v Paul David King & Anor, unreported; SCt of WA; Library No 990089; 2 March 1999

(Page 3)

1 DEANE DCJ: This is an appeal by way of a hearing de novo against a decision of a Deputy Registrar of the District Court on 31 May 2002 dismissing an application to set aside judgment entered in default of entering a defence. The respondent (plaintiff) entered judgment in default of defence against the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading West v Wood

Details

AGLC: West v Wood [2002] WADC 200
Case: [2002] WADC 200
Decision Date: 20 SEPTEMBER 2002

CaseChat Overview and Summary

The case of West v Wood involved the appellant, West, appealing against the decision of a Deputy Registrar who had refused to set aside a default judgment entered against him. The primary issue in this appeal was whether there was an adequate reason for West's failure to comply with the procedural rules and whether setting aside the default judgment was warranted given the prospect of success of the defence. The dispute between the parties centred on contractual obligations under a business agreement, with the plaintiff, Wood, seeking enforcement of a judgment debt.

The court was required to determine whether West had provided a sufficient explanation for his non-compliance with the procedural rules and whether the defence presented by West had a real prospect of success. This involved assessing the reasonableness of West's conduct and the merits of his defence. The court examined whether the reasons provided by West for his failure to comply with the procedural rules were justifiable and whether there were any exceptional circumstances that warranted setting aside the default judgment.

The court found that West had provided a reasonable explanation for his non-compliance, which included a mix of misunderstanding and administrative oversight. Additionally, the court concluded that West's defence had a real prospect of success, considering the specific facts of the case. Consequently, the court allowed the appeal, set aside the default judgment, and remitted the matter for further proceedings. This decision highlights the importance of providing adequate reasons for non-compliance and the need for a defence to have a realistic chance of success in setting aside default judgments.

Orders

Orders of the court

Appeal allowed

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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