Anderson v The State of Western Australia [2005] WASCA 228 — BarristerAI

Anderson v The State of Western Australia

[2005] WASCA 228

Western Australia Court of Appeal24 November 2005

Judges

Mclure JA

Quick Take

Confirms that leave to appeal out of time against sentence will be refused where the total effective sentence falls within the range of a sound sentencing discretion, particularly where personal deterrence is a significant factor and the offender has a substantial prior record. Practitioners should note that totality and the one transaction rule are not independent grounds of appeal but factors relevant to manifest excess.

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Case Details

Citation[2005] WASCA 228

CourtWASCA

JurisdictionWa

Decision Date24 November 2005

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Judgment

Judges

Mclure JA

Subsequent Judicial Consideration2›

Cases that have considered Anderson v The State of Western Australia

Referred to (2)

COLBUNG -v- THE STATE OF WESTERN AUSTRALIA [2013] WASCA 257 McDONALD v WHITE [2007] WASCA 213

Judicial Consideration (Chronological)

COLBUNG -v- THE STATE OF WESTERN AUSTRALIA [2013] WASCA 257Referred to

McDONALD v WHITE [2007] WASCA 213Referred to

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

Anderson v The State of Western Australia at [30]

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Anderson v The State of Western Australia at [37]

Judges

Quick Take

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration2›

Built by Barristers,
For Australian Law.