SILBERT and ADDISON as Executors and Trustees of the Estate of GERTE HOFFMAN v STEINBERG as Executor of the Estate of MORRIS STEINBERG

[2010] WASCA 113

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory decisions
5. › Principles governing grant of leave
6. › Whether decision wrong or attended with sufficient doubt
7. › Whether substantial injustice if left unreversed
8. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Practice and Procedure
2. › Summary judgment
3. › Refusal of summary judgment
4. › Whether interlocutory decision
5. › Whether triable issue exists
6. › Leave to appeal from refusal
1. Practice and Procedure
2. › Case management
3. › Interlocutory appeals and case management objectives
4. › Elimination of delay and reduction of cost
5. › Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B

Quick Take

Applications for leave to appeal from interlocutory decisions refusing summary judgment will be assessed broadly in the context of case management objectives, including the elimination of delay and reduction of cost. The availability of an appeal avenue from interlocutory decisions should not be treated as an unrestricted opportunity to reventilate arguments that failed at first instance. The considerations identified in Aon Risk Services bear upon both the initial consideration of summary judgment applications and applications for leave to appeal from interlocutory decisions.