LEWIN v DESMA ANN KIMPTON as executor of the estate of CHARLES HOWARD LEWIN

[2014] WASCA 131

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Discretionary decisions
3. › Standard of appellate review
4. › Whether grounds alleging insufficient or excessive weight to considerations identify appellable error
5. › House v The King principles
6. › Whether failure to give adequate weight amounts to failure to exercise discretion
1. Succession
2. › Family provision
3. › Extension of time
4. › Discretionary decision to grant extension under s 7(2)(b)
5. › Whether arguable claim established for interlocutory purposes
6. › Family Provision Act 1972 (WA), s 6, s 7(2)(b)

Quick Take

Grounds of appeal alleging that a master gave too little or too much weight to particular considerations in a discretionary decision to extend time under s 7(2)(b) of the Family Provision Act 1972 (WA) do not constitute proper grounds of appeal and do not identify recognisable error justifying appellate intervention, unless the failure really amounts to a failure to exercise the discretion entrusted to the court. On an interlocutory application to extend time under the Family Provision Act, no detailed consideration of the merits of the applicant's substantive case is required; it suffices that the applicant demonstrates an arguable claim.