Allen v Perpetual Trustees [No 2]

[2011] WASCA 240

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Appellant's case
4. › Failure to file within time
5. › Springing order
6. › Whether appeal should be dismissed
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(ii)
1. Practice and Procedure
2. › Appeals
3. › Additional evidence on appeal
4. › Whether grounds made out for admission
5. › Relevance of proposed evidence
6. › Adequacy of supporting affidavit
1. Practice and Procedure
2. › Appeals
3. › Suspension of orders pending appeal
4. › Whether basis established for suspension order
1. Practice and Procedure
2. › Appeals
3. › Consolidation of appeals
4. › Whether application premature before filing of cases and answers

Quick Take

An application to admit additional evidence on appeal must identify the evidence sought to be admitted and the grounds for admission; an application for consolidation of appeals is premature before the filing of cases and answers in each appeal; a suspension order application must be brought in the specific appeal to which it relates.