Crane v WA

[2017] WASCA 31

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Default judgment
3. › Setting aside default judgment
4. › Judgment entered irregularly
5. › Whether judgment entered in breach of requirement to give notice of intention to proceed
6. › Whether irregular judgment set aside as of right
7. › Rules of the Supreme Court 1971 (WA), O 3 r 7
1. Practice and Procedure
2. › Dormant proceedings
3. › Notice of intention to proceed
4. › What constitutes 'last proceeding in an action'
5. › Whether service of duplicate statement of claim is a 'proceeding'
6. › Rules of the Supreme Court 1971 (WA), O 3 r 7

Quick Take

A 'proceeding' within the meaning of O 3 r 7 of the Rules of the Supreme Court 1971 (WA) is something in the nature of a formal step which a party is required or permitted by the rules of court, or an order of the court, to take for the purpose of advancing the case towards final judgment. Service of a duplicate document already served, steps to remove an action from the Inactive Cases List, and an application by solicitors for an order that they have ceased to act do not constitute 'proceedings'. A judgment entered in breach of O 3 r 7 is set aside as of right without the need for the court to exercise a discretion.