Glew v City of Greater Geraldton

[2012] WASCA 94

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Dismissal of appeal for want of merit
4. › Whether grounds of appeal have reasonable prospect of succeeding
5. › Grounds repeating arguments previously rejected
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Abuse of process
3. › Repeated litigation of previously determined issues
4. › Whether persistent reagitation of rejected arguments constitutes abuse of process
5. › Indemnity costs

Quick Take

A lower court is bound by a decision of the Court of Appeal and assertions that such a decision should not be followed because it is wrong are devoid of merit. Persistent reagitation of grounds previously rejected by the Court of Appeal constitutes an abuse of process warranting indemnity costs.