Jebb as trustee for Trafalgar West Investments Trust v Superior Lawns Australia Pty Ltd

[2018] WASCA 123

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appellate jurisdiction
3. › Interlocutory relief pending appeal
4. › Power of appellate court to make orders in related proceedings
5. › Whether power extends to removing proceedings from Inactive Cases List
6. › Whether necessary to protect effective exercise of appellate jurisdiction
7. › Rules of the Supreme Court 1971 (WA), O4A r 27
1. Practice and Procedure
2. › Inactive Cases List
3. › Removal from Inactive Cases List
4. › Whether case will be conducted in timely way
5. › Whether other good reason exists
6. › Capacity of proposed plaintiff to bring proceedings to trial
7. › Rules of the Supreme Court 1971 (WA), O4A r 27(2), O4A r 28
1. Corporations
2. › Oppression proceedings
3. › Standing
4. › Substitution of plaintiff
5. › Whether new trustee may be substituted as plaintiff in oppression proceedings commenced by former trustee
6. › Corporations Act 2001 (Cth), ss 232, 233, 234
1. Practice and Procedure
2. › Courts
3. › Implied power of superior court of record
4. › Power to make orders necessary to ensure effective exercise of jurisdiction
5. › Whether power extends to procedural orders in related proceedings to preserve appellate jurisdiction

Quick Take

The Court of Appeal (WA) has power to order removal of proceedings from the Inactive Cases List in order to protect the effective exercise of its appellate jurisdiction, even where the applicant is not a party to those proceedings. However, the court will not exercise that power unless satisfied that the proceedings will be conducted in a timely way, which requires the applicant to demonstrate capacity to bring the matter to trial, including by disclosing the terms of any litigation funding arrangement.