Lee v Brandis

[2024] WASCA 150

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Right of appeal exhausted
4. › Previous appeals dismissed as incompetent
5. › Whether further appeal from same decision permissible
6. › Supreme Court Act 1935 (WA), s 58(1)
1. Appeal
2. › Application for leave to appeal
3. › Case management orders
4. › Whether leave to appeal should be granted where case management orders overtaken by substantive determination
1. Appeal
2. › Application for leave to appeal
3. › Principles governing grant of leave
4. › Whether decision attended with sufficient doubt
5. › Whether substantial injustice would result

Quick Take

A litigant cannot commence a fresh appeal from the same decision on a new ground (such as apprehended bias) after the original appeal has been dismissed, as the right of appeal is exhausted.