Bell v Cribb [No 2]

[2013] WASCA 6

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Review of single judge's decision
4. › Stay of proceedings pending appeal
5. › Whether error demonstrated in refusal of stay
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 8(1)
1. Constitutional Law (Cth)
2. › Constitutional issues
3. › Section 78B notices
4. › Whether contention that is trivial or unarguable gives rise to constitutional issue
5. › Judiciary Act 1903 (Cth), s 78B
1. Corporations
2. › Examination of persons concerned with corporation
3. › Stay of examination
4. › Whether stay should be granted pending appeal with no prospect of success
5. › Corporations Act 2001 (Cth), s 596B

Quick Take

An applicant seeking review of a single judge's decision under r 8(1) of the Supreme Court (Court of Appeal) Rules 2005 (WA) must demonstrate error in the decision. A stay of proceedings pending appeal will not be granted where the appeal has no prospect of success. Contentions that registrars and judges are not validly constituted remain devoid of legal merit and do not give rise to constitutional issues requiring notification under s 78B of the Judiciary Act 1903 (Cth).