AMACA PTY LTD (Formerly James Hardie & Co Pty Ltd) v HANNELL [No 2]

(2011) 42 WAR 224; [2011] WASCA 232

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Court of Appeal
3. › Jurisdiction and powers
4. › Reopening perfected orders
5. › Whether Court of Appeal has jurisdiction or power to reopen and reconsider perfected order made in determination of appeal on merits
6. › Supreme Court Act 1935 (WA), ss 7(1), 7(4), 16(1)(d)(i), 58(1), 59, 60, 61
1. Practice and Procedure
2. › Judgments and orders
3. › Perfected orders
4. › Setting aside
5. › Whether perfected appellate order may be set aside for non-fraudulent failure to give discovery
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 63
1. Equity
2. › Equitable jurisdiction
3. › Lord Chancellor's jurisdiction to rehear
4. › Whether equitable jurisdiction conferred by s 16(1)(d)(i) of Supreme Court Act 1935 (WA) extends to Court of Appeal
5. › Supreme Court Act 1935 (WA), s 16(1)(d)(i)
6. › Supreme Court Ordinance 1861

Quick Take

Section 16(1)(d)(i) of the Supreme Court Act 1935 (WA), which confers the equitable jurisdiction of the Lord Chancellor, applies only to the General Division and cannot be invoked to confer on the Court of Appeal a power to reopen and reconsider its perfected orders. The jurisdiction and powers of the WA Court of Appeal are confined to ss 58-61 of the Act.