Yap v P Vivante & Co Pty Ltd

[2007] WASCA 287

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   YAP -v- P VIVANTE & CO PTY LTD [2007] WASCA 287

CORAM:   PULLIN JA

MILLER JA

HEARD:   19 DECEMER 2007

DELIVERED          :   19 DECEMBER 2007

FILE NO/S:   CACV 113 of 2007

BETWEEN:   CHENG SEE YAP

Appellant

AND

P VIVANTE & CO PTY LTD
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :O'BRIEN DCJ

Citation  :P VIVANTE & CO PTY LTD -v- YAP [2007] WADC 149

File No  :CIV 1536 of 1989

Catchwords:

Appeal - Application to set aside default judgment - Default judgment entered 18 years previously - Failure to demonstrate error - Turns on own facts

Legislation:

Nil

Result:

Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     No appearance

Solicitors:

Appellant:     In person

Respondent:     No appearance

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

P Vivante & Co Pty Ltd v Yap [2007] WADC 149

1. PULLIN JA:  This is an appeal against a judgment of Judge O'Brien in the District Court dated 6 July 2007.  By the judgment the District Court dismissed the appeal by the appellant against a Registrar's order dismissing the appellant's application to set aside a default judgment which had been entered against her 18 years ago in 1989. 

2. I observe, however, as Judge O'Brien did, that the 1989 judgment was set aside on 23 June 1992, subject to compliance with certain conditions which were not complied with.  The history of the matter is fully set out in Judge O'Brien's reasons: P Vivante & Co Pty Ltd v Yap [2007] WADC 149.

3. The appellant's grounds do not challenge her Honour's reasons or allege any error in relation to them; rather, the grounds and the appellant's oral submissions relate to the circumstances of the dispute dating back to 1988 and events which took place in the District Court in the early 1990s.  The applicant has not demonstrated that there is any error in Judge O'Brien's reasons for judgment and as a result the appeal must be dismissed.

4. MILLER JA:  I agree with Pullin JA.