Haoma Mining Nl v Gibbs

[2017] WASCA 173

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Delay of over two years
5. › Whether interests of justice require extension
6. › Where grounds of appeal maintained in wrong appeal
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 26(2)
1. Practice and Procedure
2. › Appeals
3. › Grounds of appeal
4. › Striking out grounds incapable of supporting relief sought
5. › Where challenge to negligence finding cannot support setting aside dismissal of indemnity claim
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of appeal pending determination of related appeal
4. › Whether court should defer to parties' assessment of commercial interests

Quick Take

An error in advancing grounds of appeal in the wrong appeal, even over a prolonged period, may not deprive a party of a hearing on the merits where the opposing party was aware of the challenge throughout and the grounds are reasonably arguable. The court will defer to parties' assessment of their commercial interests when considering whether to stay appeals pending related proceedings.