Skahill & Anor v Kestral Holdings Pty Ltd (in liq) & Ors

[2000] WASCA 185

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Case management
3. › Springing orders
4. › Service requirements
5. › Order made in absence of party
6. › Whether time for compliance should run from date of service
7. › Rules of the Supreme Court (WA), O 42 r 3
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside default judgment
4. › Judgment entered pursuant to springing order
5. › Party not present or represented when order made
6. › Whether judgment should be set aside
1. Practice and Procedure
2. › Appeal from Master
3. › Leave to appeal
4. › Whether substantial injustice if decision left unreversed

Quick Take

Where a springing order is made in the absence of the party against whom it is directed, the order ought normally to be framed so that compliance is required within a specified number of days after service. The onus is on the party seeking to rely on the order to serve it; it should not be left to the Court. Actual, not merely constructive, knowledge of the order is required. Where the defaulting party is represented and has an address for service, service at that address under O 72 r 5 normally suffices; where unrepresented, actual personal service is normally required.