Stambulich v Ekamper [No 4]

[2008] WASCA 189

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Application to vary perfected costs order
5. › Whether Full Court had power to reopen perfected orders formally recorded and sealed
6. › Rules of the Supreme Court 1971 (WA), O 43
1. Practice and Procedure
2. › Courts
3. › Perfected orders
4. › Finality of orders formally recorded and sealed
5. › No power to reopen or reconsider
6. › Supreme Court Act 1935 (WA), s 58
1. Practice and Procedure
2. › Jurisdiction
3. › Court of Appeal
4. › Transitional provisions
5. › Whether proceedings 'pending' before Full Court at commencement of Court of Appeal
6. › Meaning of 'pending'
7. › Acts Amendment (Court of Appeal) Act 2004 (WA), ss 38(1), 38(2)
1. Practice and Procedure
2. › Costs
3. › Delay in applying for special costs order
4. › Whether gross delay warranted dismissal of application
5. › Finality of litigation

Quick Take

Once orders of the Full Court have been formally drawn up, signed by the registrar and sealed pursuant to O 43 of the Rules of the Supreme Court 1971 (WA), the court has no power to reopen or reconsider those orders. The word 'pending' in s 38(1) of the Acts Amendment (Court of Appeal) Act 2004 (WA) means 'remaining undecided but not heard', so proceedings that have been heard and determined are not transferred to the Court of Appeal. Applications for special costs orders must be made promptly; delay of nearly four years is 'gross and extraordinary' and warrants dismissal.