Clack v Murray

[2017] WASCA 88

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Commencement of appeal
4. › Personal service of notice of appeal
5. › Whether personal service effected where document handed to spouse at residence and immediately given to intended recipient
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 27, r 29
7. › Rules of the Supreme Court 1971 (WA), O 72 r 2
1. Practice and Procedure
2. › Appeal
3. › Extension of time to appeal
4. › Whether extension should be granted where service one day late
5. › Minimal delay
6. › No prejudice
7. › Prospects of success
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 26

Quick Take

Personal service of court documents is validly effected when the document is delivered to a person's residence and handed to a co-resident spouse who immediately gives it to the intended recipient. The means by which the person served obtains the document are usually immaterial provided the document actually comes to their notice. The question whether filing a notice of intention to take part in an appeal precludes a challenge to service was left open.