Cristovao v Forensic Documents Examiners Pty Ltd

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CRISTOVAO -v- FORENSIC DOCUMENTS EXAMINERS PTY LTD [2014] WADC 100



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2014] WADC 100
Case No:APP:84/201310 FEBRUARY, 11 MARCH AND 1 MAY 2014
Coram:DAVIS DCJ8/08/14
PERTH
18Judgment Part:1 of 1
Result: Application for security for costs and to join additional parties to the appeal dismissed
Appeal dismissed
PDF Version
Parties:ROGERIO MARTINS CRISTOVAO
FORENSIC DOCUMENTS EXAMINERS PTY LTD

Catchwords:

Appeal from Magistrates Court
Appeal from magistrate's decision on a review of taxation costs
Application for security for costs by appellant from the respondent
Application by appellant to join parties to the appeal
Application by respondent to strike out the appeal
Court's own motion to strike out the appeal
Allegation of fraud tainting judgment and orders made in the Magistrates Court
Whether allegations of fraud able to be determined on appeal

Legislation:

District Court Rules 2005 O 51, r 57(2)
Magistrates Court (Civil Proceedings) Act 2004 s 25(5), s 31, s 31(3), s 40, s 40(3), s 40(4), s 43(4), s 43(5)
Rules of the Supreme Court 1971 O 18

Case References:

Australian Coal and Shale Employees Federation v Commonwealth (1953) 94 CLR 621
Avsar v Westland Healthcare Ltd [2008] WASCA 35
Cabassi v Vila (1940) 64 CLR 130
Dodds v Kennedy [2011] WASCA 32
Farrell v Royal Kings Park Tennis Club (Inc) [2007] WASCA 173
Jonesco v Beard [1930] AC 298
McDonald v McDonald (1965) 113 CLR 529
McHarg v Woods Radio Pty Ltd [1948] VLR 496
Michael v Hawkins [2013] WADC 110
Michael v Hawkins [2014] WASCA 64
Mossensons (a firm) v Coastline Associates (Unreported; WASCA; Library No 970661B; 6 November 1996)
Parker v Transfield Pty Ltd [2000] WASCA 382
Rhodium Australia Pty Ltd v Stateway Pty Ltd [2013] WADC 129
Ridout v O'Brien [2004] WASC 137
Schweppes Ltd v Archer (1934) 34 SR (NSW) 178
Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691
Teoh v Hunters Hill Council (No 5) [2012] NSWCA 75
Tey v Optima Financial Group Pty Ltd [2012] WASCA 193
Tobin v Dodd [2004] WASCA 288
Wentworth v Rogers (No 5) (1986) 6 NSWLR 534


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : CRISTOVAO -v- FORENSIC DOCUMENTS EXAMINERS PTY LTD [2014] WADC 100 CORAM : DAVIS DCJ HEARD : 10 FEBRUARY, 11 MARCH AND 1 MAY 2014 DELIVERED : 8 AUGUST 2014 FILE NO/S : APP 84 of 2013 BETWEEN : ROGERIO MARTINS CRISTOVAO
    Appellant

    AND

    FORENSIC DOCUMENTS EXAMINERS PTY LTD
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE COCKRAM

File No : PER GCLM 1691 of 2010


Catchwords:

Appeal from Magistrates Court - Appeal from magistrate's decision on a review of taxation costs - Application for security for costs by appellant from the respondent - Application by appellant to join parties to the appeal - Application by respondent to strike out the appeal - Court's own motion to strike out the…

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Details
Case
[2014] WADC 100
Decision Date

CaseChat Overview and Summary

The appellant, Cristovao, sought to appeal a decision from the Magistrates Court regarding the review of taxation costs. The Forensic Documents Examiners Pty Ltd was the respondent. The appellant filed an application for security for costs and sought to join additional parties to the appeal. The respondent opposed the appeal and filed a motion to have the appeal struck out. The appeal was subsequently dismissed by the court on its own motion due to allegations of fraud that purportedly tainted the judgment and orders made in the Magistrates Court.

The legal issues before the court involved the validity of the appellant's application for security for costs and the joinder of additional parties to the appeal. Additionally, the court needed to determine whether the allegations of fraud could be considered on appeal and if they warranted the striking out of the appeal. The respondent argued that the allegations of fraud were a collateral attack on the Magistrates Court's judgment, which should not be entertained on appeal.

The court found that the application for security for costs and the joinder of additional parties to the appeal were without merit and dismissed these applications. The court further held that the allegations of fraud were not pertinent to the appeal process and could not be considered as grounds for striking out the appeal. The court ruled that the appeal was an attempt to relitigate issues that had already been decided by the Magistrates Court. Consequently, the appeal was dismissed.

Orders

Orders of the court

Application for security for costs and to join additional parties to the appeal dismissed

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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