Section 43(3) of the Magistrates Court (Civil Proceedings) Act 2004 (WA) provides two separate bases for striking out an appeal — disproportionality to the amount of the claim, or disproportionality to the nature of the case — and the discretion is enlivened once either limb is made out. An appellant's desire to establish a point of principle does not prevent the court from exercising the discretion to dismiss where the costs are disproportionate to the monetary amount in dispute.
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