Culleton v Dakin Farms Pty Ltd [No 2]

[2017] WASCA 29

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Reopening perfected orders
3. › Court of Appeal
4. › Whether perfected order of Court of Appeal may be set aside
5. › Whether application for new trial by single judge competent to challenge appellate decision
1. Practice and Procedure
2. › Finality of litigation
3. › Public interest in finality
4. › Circumstances in which perfected orders may be reopened
5. › Whether extremely rare and entirely exceptional circumstances existed
1. Practice and Procedure
2. › Jurisdiction
3. › Single judge of general division
4. › Whether single judge has power to review orders of Court of Appeal

Quick Take

A perfected order of the Court of Appeal can only be reopened in extremely rare and entirely exceptional circumstances, and a single judge of the general division has no power or jurisdiction to review such orders. The only avenue to challenge a Court of Appeal decision is an appeal to the High Court of Australia.