Kenney v Commonwealth Bank of Australia

[2016] WASCA 228

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of enforcement of judgment pending appeal
4. › Whether appeal has reasonable prospect of succeeding
5. › Principles applicable to suspension of enforcement
6. › Civil Judgments Enforcement Act 2004 (WA), s 15
1. Practice and Procedure
2. › Amendment of orders
3. › Slip rule
4. › Correction of typographical error in description of mortgaged property
5. › Whether error was inadvertent or accidental
6. › Whether correction involved exercise of independent discretion
7. › Rules of the Supreme Court 1971 (WA), O 21 r 10
1. Practice and Procedure
2. › Appeal
3. › Extension of time to file appellant's case
4. › Whether satisfactory explanation for delay
5. › Efficient and timely disposal of court business
6. › Rules of the Supreme Court 1971 (WA), O 1 r 4B

Quick Take

The slip rule under O 21 r 10 of the Rules of the Supreme Court 1971 (WA) permits correction of a typographical error in a lot number in a possession order where the error is plainly inadvertent and its correction is not a matter on which a real difference of opinion might exist. Section 78B of the Judiciary Act 1903 (Cth) does not apply where the alleged constitutional point is unarguable.