Willoughby & Ors v Clayton Utz

[2007] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Factors to be considered
5. › Length of delay
6. › Reason for delay
7. › Arguable case on appeal
8. › Prejudice to respondent
9. › Whether change of legal advice justifies extension
1. Practice and Procedure
2. › Parties
3. › Standing
4. › Bankrupt plaintiff
5. › Cause of action vested in trustee in bankruptcy
6. › Whether subsequent assignment retrospectively validates proceedings commenced without standing
7. › Bankruptcy Act 1966 (Cth)
1. Practice and Procedure
2. › Amendment
3. › Joinder of parties
4. › Whether court should suggest amendment not sought by parties
5. › Whether joinder could validate proceedings commenced without standing
6. › Rules of the Supreme Court 1971 (WA), O 18 r 6

Quick Take

A subsequent assignment of a cause of action from a trustee in bankruptcy to a bankrupt does not retrospectively validate proceedings commenced by the bankrupt without standing. A change of legal advice, without more, does not justify a significant extension of time to appeal. The Queensland decision in Stone v ACE-IRM Insurance Broking Pty Ltd is not applicable in Western Australia due to the absence of equivalent statutory provisions permitting amendment to add causes of action arising after proceedings commenced.