Marshall v The Town Planning Appeal Tribunal of Western Australia [No 3]

[2008] WASCA 27

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Re-opening of judgments
3. › Jurisdiction to re-open appeal
4. › Whether exceptional circumstances exist
5. › Whether court proceeded on misapprehension of facts or law
6. › Public interest in finality of litigation
1. Practice and Procedure
2. › Review of single judge's decision by Court of Appeal
3. › Nature of review
4. › Appeal by way of rehearing
5. › Whether material error of law or fact

Quick Take

The jurisdiction to re-open an appeal is exercised with great caution and will not be enlivened unless the applicant can demonstrate that the facts and circumstances relied on are not attributable to their neglect or default. The jurisdiction is not to be exercised for the purpose of re-agitating arguments already considered by the court.