Bride v Shire of Katanning

[2015] WASCA 77

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Dismissal of appeal
3. › No reasonable prospect of success
4. › Grounds of appeal amounting to bare assertions of error
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), pt 5 r 32, r 43(2)(g)(i)
1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend defence and counterclaim after final determination of claim
4. › Whether counterclaim dependent on successful defence to claim
5. › Whether proposed amended pleading disclosed reasonable cause of action
1. Practice and Procedure
2. › Striking out pleadings
3. › Counterclaim disclosing no reasonable cause of action
4. › Counterclaim premised on fundamental misconception of earlier court findings
1. Practice and Procedure
2. › Joinder of parties
3. › Whether appropriate to join parties to counterclaim after proceedings concluded
4. › Vexatious proceedings orders prohibiting institution of proceedings without leave
5. › Vexatious Proceedings Restriction Act 2002 (WA)

Quick Take

A counterclaim that is acknowledged to be dependent on successfully resisting the plaintiff's claim will be properly dismissed once the plaintiff's claim has been finally determined in its favour, including on appeal. Grounds of appeal that amount to bare assertions of error, or that fail to address the primary judge's actual findings, have no reasonable prospect of succeeding.