Allmark v Mossensons (A Firm)

[2006] WASCA 127

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory judgment
5. › Whether decision striking out appeal for want of leave and being out of time is a final judgment
6. › District Court of Western Australia Act 1969 (WA), s 79
1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Relevant considerations
5. › Whether decision below manifestly wrong
6. › Whether satisfactory explanation for delay
7. › Whether substantial injustice
8. › District Court Rules (WA), O 8 r 5
1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Appeal from Local Court to District Court
5. › Whether leave required for appeal from judgment that is not a final judgment
6. › Local Courts Act 1904 (WA), s 107(1)(b)
1. Statutes
2. › Repeal
3. › Transitional provisions
4. › Whether right of appeal under repealed statute survived repeal
5. › Whether accrued right existed at date of repeal
6. › Courts Legislation (Amendment and Repeal) Act 2004 (WA)
7. › Interpretation Act 1984 (WA), s 37

Quick Take

Following the repeal of the Local Courts Act 1904 (WA) by the Courts Legislation (Amendment and Repeal) Act 2004 (WA), s 79 of the District Court of Western Australia Act 1969 governs appeals to the Court of Appeal from District Court decisions in matters that originated in the Local Court, where no appeal was on foot at the date of repeal. A decision striking out an appeal on procedural grounds (out of time, no leave obtained) is an interlocutory judgment requiring leave to appeal. An application to set aside a judgment under s 73 and an appeal against that judgment are not alternative and inconsistent remedies giving rise to an election.