The Court of Appeal struck out a further appeal under s 43(3) of the Magistrates Court (Civil Proceedings) Act 2004 (WA), holding that the likely costs of the appeal to both parties would be disproportionate to the $19,760 claim amount. The Court confirmed that the 'amount of the claim' refers to the substantive relief sought in the Magistrates Court (not accumulated adverse costs orders from prior proceedings), and that only the costs of the appeal before the striking-out court are relevant, not costs incurred at first instance or in intermediate appeals. The Court also found the appeal lacked reasonable prospects of success given the unchallenged concurrent factual finding that the respondent exercised reasonable care and the complete absence of evidence as to the vehicle's value.
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