Marshall & Anor v The Town Planning Appeal Tribunal of Western Australia & Anor

[2007] WASCA 80

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Frivolous or vexatious proceedings
4. › Leave to file application to reopen
5. › Whether arguable grounds to reopen
6. › Rules of the Supreme Court 1971 (WA), O 67 r 5(3)
1. Practice and Procedure
2. › Reopening judgments
3. › Jurisdiction to reopen
4. › Exceptional circumstances required
5. › Public interest in finality of litigation
6. › Whether alleged errors of fact or law provide basis for reopening

Quick Take

Where a party seeks to reopen a judgment that itself refused to reopen an earlier judgment, alleged errors of fact or law do not provide arguable grounds for reopening; the proper course is to apply for special leave to appeal. The jurisdiction to reopen remains exercisable only in exceptional circumstances reflecting the strong public interest in finality of litigation.