Konings v Commonwealth Bank of Australia

[2016] WASCA 122

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Suspension of enforcement of judgment
4. › Special circumstances
5. › Whether appeal has reasonable prospect of success
6. › Civil Judgments Enforcement Act 2004 (WA), s 15
1. Practice and Procedure
2. › Litigants in person
3. › Obligation of court to assist unrepresented litigant
4. › Whether denied procedural fairness
5. › Extent of court's duty to assist
6. › Whether lack of legal representation constitutes denial of natural justice
1. Practice and Procedure
2. › Summary judgment
3. › Appeal from summary judgment
4. › Whether arguable defence existed

Quick Take

A party is not denied procedural fairness merely because they lack legal representation, whether by choice or inability to afford it. The court's duty to assist a litigant in person is limited to diminishing the disadvantage of being unrepresented and preventing procedural traps, and does not extend to giving the unrepresented party a positive advantage. An application for suspension of enforcement will be refused where the appeal has no reasonable prospect of success.