Mti v Sul [No 3]

[2012] WASCA 145

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Summary dismissal of appeal
4. › Whether grounds of appeal have any reasonable prospect of succeeding
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)
1. Practice and Procedure
2. › Bias and apprehended bias
3. › Application for recusal
4. › Whether decisions adverse to a party establish bias or apprehended bias
5. › Whether allegations of bias devoid of merit
1. Practice and Procedure
2. › Adjournment
3. › Discretion of trial judge
4. › Whether appellate court will review adjournment decision
5. › Whether adjournment defeated rights of parties
1. Practice and Procedure
2. › Vexatious litigants
3. › Referral to Attorney General
4. › Repeated meritless appeals
5. › Vexatious Proceedings Restriction Act 2002 (WA), s 4

Quick Take

The mere fact that decisions are made against a party does not justify a claim of bias or apprehended bias. An appeal against an adjournment order is futile where no order can be made to undo the adjournment. The court referred the papers to the Attorney General for consideration of a vexatious proceedings order under s 4 of the Vexatious Proceedings Restriction Act 2002 (WA).