Wreford v Castleyheard Pty Ltd [No 3]

[2024] WASCA 2

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Appeal against summary dismissal
4. › Whether decision-maker's discretion miscarried
5. › Whether orders not reasonably open to decision-maker
6. › House v The King principles
1. Practice and Procedure
2. › Summary dismissal
3. › Strike out for failure to disclose reasonable cause of action
4. › Refusal of leave to replead
5. › Whether discretion to refuse leave to replead properly exercised
6. › Rules of the Supreme Court 1971 (WA), O 20 r 19
1. Practice and Procedure
2. › Apprehended bias
3. › Reasonable apprehension of bias on part of judicial officer
4. › Whether conduct of hearing gave rise to reasonable apprehension of bias
5. › Whether adverse determination alone establishes apprehended bias
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigants
4. › Extent of court's obligation to assist self-represented litigant
5. › Whether master failed to accord procedural fairness at interlocutory hearing

Quick Take

The case confirms that the court's obligation to a self-represented litigant at an interlocutory hearing does not extend to providing a tutorial on how to run the case or advising on how rights should be exercised, and that multiple failed attempts to plead a reasonable cause of action weigh against granting further leave to replead.