Willis v The State of Western Australia

[2009] WASCA 103

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   WILLIS -v- THE STATE OF WESTERN AUSTRALIA [2009] WASCA 103

CORAM:   BUSS JA

NEWNES JA

HEARD:   12 JUNE 2009

DELIVERED          :   12 JUNE 2009

FILE NO/S:   CACV 15 of 2009

BETWEEN:   NATTASHA WILLIS

Appellant

AND

THE STATE OF WESTERN AUSTRALIA
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :TEMPLEMAN J

Citation  :LAMERS -v- THE STATE OF WESTERN AUSTRALIA [2009] WASC 3

File No  :CIV 2611 of 2003

Catchwords:

Appeal - Failure by appellant to comply with rules of court and order of Registrar - Springing order made

Legislation:

Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)

Result:

Springing order made

Category:    B

Representation:

Counsel:

Appellant:     Mr C P Stokes

Respondent:     No appearance

Solicitors:

Appellant:     Chris Stokes & Associates

Respondent:     No appearance

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

Nil

1. BUSS JA: By a notice to attend dated 21 May 2009, the Court of Appeal Registrar has listed this appeal before the court today for the appellant to show cause why the appeal should not be dismissed under r 43(2)(g) of the Supreme Court (Court of Appeal) Rules 2005.  By that provision, relevantly, the court has jurisdiction to dismiss an appeal if the appellant has not obeyed the rules or any order made under them.

2. The appeal was commenced on 6 February 2009 and the appellant's case was required to be filed by 13 March 2009.  It was not filed by the due date.

3. On 21 May 2009, the Court of Appeal Registrar ordered that the time for the appellant to file and serve the appellant's case be extended to 4 June 2009.  It was not filed by the extended date.

4. The appellant's case has still not been filed.

5. I am satisfied that there is no reasonable excuse for the appellant's ongoing failure to file the appellant's case or for her disobedience to the order of this court.  I would not dismiss the appeal today, but it is appropriate, in the circumstances, that a springing order be made.  Accordingly, I would order that the appeal be dismissed and the appellant pay the respondent's costs of the appeal to be taxed, unless the appellant's case is filed and served by 4.00 pm on 18 June 2009.

6. NEWNES JA:  I agree with Buss JA.