Corica v Shire of Mundaring

[2017] WASCA 42

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeals
3. › Leave to appeal
4. › Whether grounds of appeal had reasonable prospect of succeeding
5. › Challenges to authority of State courts and local governments
6. › Criminal Appeals Act 2004 (WA), ss 9, 18
1. Practice and Procedure
2. › Criminal appeals
3. › Non-compliance with procedural time limits
4. › Whether late filing of respondent's notice justifies allowing appeal without consideration of merits
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), rr 31(2), 33(3)

Quick Take

A respondent's failure to comply with procedural time limits for filing notices in a criminal appeal cannot justify the court allowing the appeal without being satisfied it has merit. Arguments challenging the authority of State courts and local governments to exercise their functions remain patently without merit.

Case Details

Citation[2017] WASCA 42

CourtWASCA

JurisdictionWestern Australia

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The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2017Corica v ThrossellWASCA 209
2017Corica v Shire of MundaringWASCA 211
and 1 more after sign-in

Relies on2

2016Corica v The Shire of MundaringWASC 356
2014Palmer v City of GosnellsWASCA 102

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