SUPREME COURT OF SOUTH AUSTRALIA
(Civil: Application)
WESTWILL v HEATH
[2010] SASC 358
Judgment of The Honourable Justice Gray
24 December 2010
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - OTHER MATTERS
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - POWER TO CONTROL PROCEEDINGS - MISCELLANEOUS POWERS
Attempt to initiate appellate proceedings to the Full Court - application for an extension of time within which to appeal, and referrals from Registrar for directions - whether extension of time should be granted in circumstances where appeal filed more than 20 years out of time - consideration of scope of inherent jurisdiction of Court - appellant attempted to file several documents in Registry of Supreme Court - Registrar sought direction that he reject those documents as an abuse of Court process - whether documents should be rejected.
Held: applications refused - no proper explanation offered for the delay of more than 20 years in lodging the appeal - direct Registrar to reject proposed documents pursuant to Rule 53 of the Supreme Court Civil Rules 2006 (SA) - Court has inherent jurisdiction to control the bringing of applications to prevent party from abusing processes of the Court - appellant restrained from making any further application or seeking to issue any other proceedings arising in any way or relating to the decision the subject of the proposed notice of appeal without obtaining leave of the Court.
Probate Rules 2004 (SA) r 53; Supreme Court Act 1935 (SA) s 39, referred to.
Westwill Pty Ltd v Heath (1989) 52 SASR 461; Westwill Pty Ltd v Byrt [2010] SASC 99; Westwill Pty Ltd v Norman Waterhouse (Unreported, District Court of South Australia, Judge Sulio, 30 April 2008); Westwill Pty Ltd v Norman Waterhouse Pty Ltd [2009] SASC 391; Staats v United States of America (1992) 66 ALJR 793; Re Davison (1997) 147 ALR 259; Bhamjee v Forsdick (No 2) [2004] 1 WLR 88; Manolakis v Director of Public Prosecutions (Cth) [2009] SASC 193; Grepe v Loam (1887) 37 Ch D 168; Attorney-General v Ebert [2002] 2 All ER 789; Wentworth v Graham (2003) 57 NSWLR 741; Commonwealth Bank of Australia v Quade (1991) 178 CLR 134; D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; Jackamarra v Krakouer (1998) 195 CLR 516; Esther Investments Pty Ltd v Markalinga Pty Ltd [1989] 2 WAR 196; Palata Investments Ltd v Burt & Sinfield Ltd [1985] 1 WLR 942; McKay v Alexandrina Council (2003) 227 LSJS 442; Hall v Burnside (2006) 102 SASR 298; R v Forbes; Ex Parte Bevan (1972) 127 CLR 1; Conde v Gilfoyle [2010] QCA 109; Hambleton v Labaj [2010] QSC 124; McGuirk v University of New South Wales [2010] NSWCA 104; Kinnaird v Field [1905]…
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- AGLC
- Westwill v Heath [2010] SASC 358
- Case
- [2010] SASC 358
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the Court should grant an extension of time for filing the appeal, considering the substantial delay and the lack of a proper explanation for it. Another issue was whether the Court should exercise its inherent jurisdiction to control the bringing of applications and prevent abuse of court processes. This included considering whether to reject the proposed documents filed by Westwill and restrain Mr Jones from making further applications without the Court's permission.
The Court held that the delay of more than 20 years in lodging the appeal was not adequately explained, and therefore the application for an extension of time should be refused. The Court also found that the documents proposed by Westwill should be rejected as they were an abuse of court processes. The Court exercised its inherent jurisdiction to prevent the appellant from abusing the processes of the Court. It directed the Registrar to reject the proposed documents for filing and restrained Mr Jones from making further applications or taking any steps in relation to the 1989 decision without the Court’s permission. The Court emphasized that Mr Jones could still articulate his complaint through proceedings authorized by the Court, but he must do so with the Court's permission.
The Court issued an order restraining Mr Jones from making further applications or taking steps relating to the 1989 decision without permission. Any application for permission had to be made in writing and dealt with by a Master or the Registrar on the papers alone. The order also required any appeal against decisions of the Masters or the Registrar to be made with the permission of another Master or a Judge. Any application for such permission had to be made in writing and posted to the Registry of the Court.
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Established by: GRAY J
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