West Australian Newspapers Ltd v Fairhead

[2013] WASCA 151

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Inactive Cases List
3. › Placement on list
4. › Whether case formally placed on Inactive Cases List by Principal Registrar
5. › Distinction between ICMS computer designation and formal Inactive Cases List
6. › Rules of the Supreme Court 1971 (WA), O 29A r 18A, O 29A r 19, O 29A r 21
1. Practice and Procedure
2. › Inactive Cases List
3. › Deemed dismissal for want of prosecution
4. › Whether notice to parties required before deemed dismissal takes effect
5. › Rules of the Supreme Court 1971 (WA), O 29A r 21
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › No order as to costs
5. › Where both parties contributed to costs being incurred
6. › Where outcome does not lend itself to general rule that successful party entitled to costs

Quick Take

The ICMS computer system's designation of a case as 'inactive' does not constitute placement on the Inactive Cases List maintained by the Principal Registrar under O 29A r 19(1) (now O 4A r 25) of the Rules of the Supreme Court 1971 (WA). Formal placement on the Inactive Cases List requires manual input by the Principal Registrar, which generates written notices to the parties. Without such manual input, a case is not on the Inactive Cases List and cannot be deemed dismissed under O 29A r 21 (now O 4A r 28).