Lee v Brandis

[2025] WASCA 125

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Dismissal of appeal
4. › Whether any ground has reasonable prospect of succeeding
5. › Ground must allege material error that would result in judgment being disturbed
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(f), r 43(2)(g)(i)
1. Appeal
2. › Practice and procedure
3. › Leave to appeal from interlocutory orders
4. › Extension of time to appeal
5. › Whether practical utility in granting leave where primary proceedings dismissed
6. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Practice and Procedure
2. › Apprehended bias
3. › Recusal application
4. › Whether primary judge applied correct legal test
5. › Whether legally adequate reasons provided
6. › Ebner double-might test
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigant
4. › Whether denied reasonable opportunity to be heard on costs application and dismissal of proceedings

Quick Take

A ground of appeal does not have a reasonable prospect of succeeding simply because, standing alone, it might be upheld; it must allege material error that, if upheld either alone or in combination with other successful grounds, would result in the primary court's judgment or order being disturbed.