Zaghloul v Bradley Bayly Holdings Pty Ltd

[2025] WASCA 81

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Matters of practice and procedure
5. › Whether it is in the interests of justice to grant leave to appeal
6. › District Court of Western Australia Act 1969 (WA), s 79
1. Practice and Procedure
2. › Pleadings
3. › Amendment of statement of claim
4. › Leave to amend
5. › Whether leave to amend should be granted to reintroduce claim previously struck out
6. › Whether proposed amendment constituted abuse of process
1. Practice and Procedure
2. › Subpoenas
3. › Setting aside subpoenas
4. › Whether subpoena had legitimate forensic purpose
5. › Whether compliance with earlier subpoena was satisfactory
1. Practice and Procedure
2. › Discovery
3. › Specific discovery
4. › Whether court should order specific discovery where affidavit of discovery filed and existence of document not established

Quick Take

The Kable doctrine has no application where a primary judge is alleged to have made ordinary errors of law in procedural decisions; such errors are correctable on appeal without resort to constitutional limitations.