GXB v Tyson [No 3]

[2025] WASCA 116

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Review of decision of single judge of appeal
4. › Refusal of stay of proceedings
5. › Whether error of the kind explained in House v The King established
6. › Supreme Court Act 1935 (WA), s 61(3)
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), pt 2 div 3
1. Practice and Procedure
2. › Stay of proceedings pending appeal
3. › Whether appeal has reasonable prospects of success
4. › Availability of alternative remedy as basis for refusing judicial review
5. › Whether court may evaluate merits of appeal on stay application

Quick Take

On a review of a single judge's refusal of a stay pending appeal, the applicant must demonstrate House v The King error, and the court will affirm the refusal where the appeal is plainly without merit due to the availability of an alternative remedy.