Goldsmith v Sandilands & Ors

[2000] WASCA 18

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Standard of appellate review
3. › Findings of fact based on credibility
4. › Whether trial judge failed to use or palpably misused advantage of seeing witnesses
5. › Whether sufficient foundation for decision
1. Practice and Procedure
2. › Reopening case
3. › Application to call evidence in rebuttal
4. › Evidence on issue raised for first time in cross-examination
5. › Discretion of trial judge
6. › Whether discretion miscarried
7. › Whether appellant suffered injustice
1. Practice and Procedure
2. › Discontinuance
3. › Leave to discontinue during trial
4. › Application to discontinue in order to re-litigate
5. › Whether abuse of process
6. › Whether right to non-suit survived Rules of the Supreme Court
7. › Rules of the Supreme Court, O 23
1. Practice and Procedure
2. › Bias
3. › Reasonable apprehension of bias
4. › Observations by judicial officer during trial
5. › Whether remarks by trial judge demonstrated bias

Quick Take

Order 23 of the Rules of the Supreme Court (WA) is a comprehensive code relating to discontinuance that has subsumed any pre-existing right of a plaintiff to a non-suit. An application to discontinue proceedings during trial for the purpose of re-litigating before a different judge is an abuse of process. Where a trial judge's discretion to refuse reopening of a case miscarries, the appeal will still be dismissed if the appellant suffered no injustice because the overall findings were supported by the evidence.