Hall v Vaatuitui

[2006] WASCA 195

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Finality clause in statute
4. › Decision of District Court under Criminal Injuries Compensation Act 1985 (WA), Pt VI
5. › Whether decision 'final' under s 43(2) precluded appeal to Court of Appeal
6. › Whether specific finality provision prevailed over general right of appeal
7. › Criminal Injuries Compensation Act 1985 (WA), s 43(2)
8. › District Court of Western Australia Act 1969 (WA), s 79(1)(a)
1. Practice and Procedure
2. › Jurisdiction
3. › Court of Appeal
4. › Competency of appeal
5. › Dismissal of incompetent appeal
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)

Quick Take

No appeal lies to the Court of Appeal from a decision of the District Court under Part VI of the Criminal Injuries Compensation Act 1985 (WA) because s 43(2) provides that such decisions are final. The same result applies under s 57 of the Criminal Injuries Compensation Act 2003 (WA). A specific statutory finality provision prevails over the general right of appeal in s 79(1)(a) of the District Court of Western Australia Act 1969 (WA).