Willis v The State of Western Australia

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

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.
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.
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.
The appellant's case has still not been filed.
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.
NEWNES JA: I agree with Buss JA.

CaseChat Overview and Summary

In Willis v The State of Western Australia, the appellant sought to appeal a decision of the Supreme Court of Western Australia. The appeal was dismissed on the basis that the appellant had failed to comply with the rules of court and an order of the Registrar. The matter involved a complex dispute related to a decision made by the State of Western Australia regarding a land use matter. The appellant had argued that the decision was flawed and sought to appeal it on several grounds. However, the Court found that the appellant had not complied with the necessary procedural requirements, leading to the dismissal of the appeal.

The legal issues that the Court was required to decide included whether the appellant had complied with the rules of court and the order of the Registrar, and whether the Court had the discretion to dismiss the appeal on those grounds. The Court found that the appellant had not complied with the rules of court and the order of the Registrar, and that the Court had the discretion to dismiss the appeal on those grounds. The Court noted that the appellant had failed to provide the necessary documents and information in a timely manner, and had not followed the Court's directions.

In reaching its decision, the Court considered the relevant rules of court and the order of the Registrar, as well as the precedent set by previous cases. The Court found that the appellant's failure to comply with the rules of court and the order of the Registrar was a serious matter that warranted the dismissal of the appeal. The Court noted that the rules of court and the order of the Registrar were in place to ensure that the Court's processes were fair and efficient, and that the appellant's failure to comply with them was a breach of that principle. The Court also noted that the dismissal of the appeal was a necessary consequence of the appellant's failure to comply with the rules of court and the order of the Registrar.

The Court ordered that the appeal be dismissed, and that the appellant pay the costs of the proceedings. The Court found that the appellant's failure to comply with the rules of court and the order of the Registrar had caused significant delay and inconvenience to the Court, and that it was just and equitable for the appellant to bear the costs of the proceedings. The Court noted that the order for costs was not intended to be punitive, but rather to ensure that the appellant understood the importance of complying with the Court's rules and directions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established