The appellant, Patrick Gregory Ellis, appealed support and related orders made after an uncontested trial, which was uncontested because his pleadings were struck due to wilful non-compliance and refusal to provide financial disclosure.
The respondent, Amy Dawn Lamothe, brought a motion to quash the appeal.
The Court of Appeal granted the motion on two bases: first, courts typically do not hear appeals from unopposed proceedings, and no exception was warranted; second, the appellant had chronically and wilfully breached numerous court orders, causing prejudice.
The appeal was quashed, and the appellant was barred from initiating further financial proceedings without paying outstanding amounts or obtaining leave.
Costs were awarded to the respondent on an elevated scale.
