The Supreme Court refused leave to appeal a conviction for failure to comply with a building order under s 115 of the Building Act 2011 (WA), finding no evidence that the appellant had complied with any part of the order or had a reasonable excuse for non-compliance. The Court confirmed that none of the circumstances in s 113(2) of the Building Act operated to prevent the issuing of the building order, as the appellant's only building approval certificate application had been rejected in 2012 and no further application remained on foot. The case turned on its own facts, with the Court affording significant procedural accommodations to the self-represented appellant including interpreter access, amended grounds of appeal, and multiple opportunities to adduce additional evidence.
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