Popovic v Panagoulias

[2014] WASCA 86

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Service of process
3. › Extension of validity of writ for service
4. › Discretionary factors
5. › Hardship or prejudice to defendant
6. › Whether assessment limited to events occurring after expiration of period for service
7. › Rules of the Supreme Court 1971 (WA), O 7 r 1
1. Practice and Procedure
2. › Ex parte orders
3. › Application to set aside ex parte order
4. › Whether necessary for applicant to adduce additional material
5. › Rules of the Supreme Court 1971 (WA), O 58 r 23
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether primary judge acted on wrong principle or failed to take into account relevant consideration
5. › House v The King (1936) 55 CLR 499

Quick Take

On an application to extend the validity of a writ for service under O 7 r 1(2), the court must consider all hardship or prejudice to the defendant that will arise if the extension is granted, including hardship arising from events before the expiration of the period for service, though the weight to be given to pre-expiration and post-expiration hardship depends on the circumstances. The correctness of Bell v Aspinall — requiring additional material to enliven jurisdiction under O 58 r 23 — is now in doubt, and first instance judges should deal with applications on both bases pending reconsideration by the Court of Appeal.