Fourmi Pty Ltd v Commissioner for Consumer Protection

[2017] WASCA 69

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Dismissal for want of prosecution
3. › Automatic dismissal under court rules
4. › Inactive Cases List
5. › Whether case deemed dismissed where Principal Registrar failed to place case on Inactive Cases List
6. › Rules of the Supreme Court 1971 (WA), O 4A rr 24, 25(1)(a), 28
1. Practice and Procedure
2. › Non-compliance with rules of court
3. › Irregularity
4. › Whether failure to take administrative step can be cured under slip rule
5. › Whether O 2 r 1 deems omitted step to have been taken
6. › Rules of the Supreme Court 1971 (WA), O 2 r 1

Quick Take

A case cannot be taken to have been dismissed for want of prosecution under O 4A r 28(1) of the Rules of the Supreme Court 1971 (WA) unless the Principal Registrar has actually placed the case on the Inactive Cases List. The irregularity provision in O 2 r 1 cannot be used to retrospectively deem the case to have been placed on the list. Defendants seeking to rely on automatic dismissal must verify that the administrative step of placement on the Inactive Cases List has actually occurred.