LAW v AUDREY FRANCES HALL as Executrix of the Estate of the late KENNETH DUNCAN HALL

[2008] WASCA 257

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Grounds of appeal
3. › Reasonable prospect of success
4. › Non-party to proceedings below
5. › Whether grounds have reasonable prospect of succeeding
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(f), r 43(2)(g)(i)
1. Practice and Procedure
2. › Recall of judgment
3. › Judgment not yet sealed
4. › Whether miscarriage of justice or lack of procedural fairness warranting recall

Quick Take

A non-party to proceedings below cannot maintain an appeal against orders made in those proceedings. The power to recall a judgment before sealing will not be exercised absent a demonstrated miscarriage of justice or change in the law.