The Court of Appeal dismissed the appellant's application for a statement of special case under s 54 of the Supreme Court Act 1935 (WA), holding there was no warrant for the court to determine questions of law as a preliminary step before the filing of an appellant's case. The Court granted a short extension of time to file the appellant's case but ordered that the appeal would be automatically dismissed if the deadline was not met. The underlying substantive point — that O 9A of the Rules of the Supreme Court 1971 (WA) does not apply to Magistrates Court proceedings — was not revisited.
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