Mti v Sul [No 2]

[2010] WASCA 58

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Procedural fairness
3. › Right to be heard
4. › Dismissal of application at directions hearing without notice
5. › Whether party denied adequate opportunity to be heard
6. › Whether party on notice that dismissal would be considered
1. Practice and Procedure
2. › Apprehended bias
3. › Repeated unsuccessful litigation before same judge
4. › Whether prior adverse outcomes give rise to reasonable apprehension of bias

Quick Take

A court may not dismiss an application at a directions hearing where the applicant has been told the hearing will be for procedural directions only and has not been given notice that dismissal will be considered. The opportunity to attend a hearing is not sufficient if the party cannot be expected to know the nature of the issues to be determined. Correspondence expressing a desire to put proceedings 'on hold' does not necessarily indicate an intention to abandon them.