WAWASCA
JEBB as trustee for TRAFALGAR WEST INVESTMENTS TRUST -v- SUPERIOR LAWNS AUSTRALIA PTY LTD [2018] WASCA 123 (19 July 2018)
[2018] WASCA 123
Court of Appeal (WA)|2018-07-19|Before: Mitchell JA
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Source factsCourt
Court of Appeal (WA)
Decision date
2018-07-19
Before
Mitchell JA
Source
Original judgment source is linked above.
Judgment (62 paragraphs)
[1]
- For the reasons explained above, we were of the view that Mr Jebb's application in the appeal filed on 18 June 2018 should be dismissed.
- In reaching that view, it was not necessary to resolve objections which had been made to the First and Second Jebb Affidavits by the first to sixth respondents. Nor was it necessary to determine whether leave to rely on an additional affidavit sworn by Mr Jebb on 4 July 2018 should be granted. We received the affidavits provisionally, and reached the view that Mr Jebb's application in an appeal filed on 18 June 2018 should be dismissed even if all of the affidavit material on which he relied is received.
- After the court announced its order dismissing the application in an appeal filed on 18 June 2018, Mr Jebb indicated that he sought an order that the appeal be dismissed on the basis that it would be rendered nugatory.[77] The first to sixth respondents agreed to that course, and an order dismissing the appeal was made by consent. It was unnecessary to deal with the first to sixth respondents' application in an appeal for security for costs. We were of the view that the costs of the appeal should follow the event, as Mr Jebb accepted.[78]
[2]
I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.