Cronin v ANGELES

Case [2025] WADC 61


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   CRONIN -v- ANGELES [2025] WADC 61

CORAM:   JEYAMOHAN DCJ

HEARD:   9 SEPTEMBER 2025

DELIVERED          :   17 SEPTEMBER 2025

FILE NO/S:   APP 18 of 2025

BETWEEN:   PRISCILA CRONIN

Appellant

AND

MARJORIE ANGELES

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE OWEN-CONWAY

File Number            :   PER/MINOR/9947/2024


Catchwords:

Magistrates Court appeal - Minor case claim - Whether denial of natural justice - Turns on own facts

Legislation:

District Court of Western Australia Act 1969 (WA), s 27, s 29, s 32, s 40, s 43

Result:

Leave to appeal allowed
The appeal is otherwise dismissed

Representation:

Counsel:

Appellant : In person
Respondent : No appearance

Solicitors:

Appellant : Not applicable
Respondent : Not applicable

Case(s) referred to in decision(s):

Alvaro v Fraser & Downsborough Designers Pty Ltd (1990) 20 ALD 762

Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175

Cameron v Cole [1944] HCA 5; (1944) 68 CLR 571

Chin v Legal Practice Board of Western Australia [2011] WASCA 110

De Alwis v The State of Western Australia [No 2] [2015] WASCA 42

Defendi v Szigligeti [2019] WASCA 115

Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337

Glew v Frank Jasper Pty Ltd [2010] WASCA 87

Ibrahim v The Honourable Justice Carolyn Martin [2012] WASC 338

International Finance Trust Co Ltd v New South Wales Crime Commission [2009] HCA 49; (2009) 240 CLR 319

Jones v Darkan Hotel [2014] WASCA 133

Moleirinho v Talbot & Olivier Lawyers Pty Ltd [2014] WASCA 65

MTI v SUL [No 2] [2012] WASCA 87

Nobarani v Mariconte [2018] HCA 36

Ogbonna v CTI Logistics Ltd [2021] WASCA 25

R v Burton; Ex parte Lowe [2003] WASCA 306

R v Kelly; Ex parte Hoang Van Duong (1981) 28 SASR 271

Rankilor v Circuit Travel Pty Ltd [2013] WASCA 148

Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342

Re Mr P G Cockram; Ex parte Tey [2013] WASCA 104

Rowe v Stoltze [2013] WASCA 92

Smart v Albuquerque [2011] WASCA 231

Smart v Prisoner Review Board (WA) [2012] WASC 48

Tobin v Dodd [2004] WASCA 288

Wentworth v Rogers (No 5) (1986) 6 NSWLR 534

Woodley v Woodley [2018] WASCA 149

JEYAMOHAN DCJ:

Introduction

  1. On 14 May 2024, the appellant, Priscila Cronin, loaned the respondent, Marjorie Angeles, $3,000.  

  2. On 14 August 2024, Ms Cronin commenced a minor case claim in the Perth Magistrates Court in the amount of $3,193.50 for payment of the outstanding loan plus interest against Ms Angeles.  

  3. On 25 February 2025, Magistrate Owen-Conway ordered that judgment be entered for Ms Cronin in the sum of $300 plus costs fixed at $193.50 (Decision).[1] 

    [1] Magistrates Court lower court file PE Minor 9947 of 2024 (MB), page 128.

  4. By notice of appeal filed 17 April 2025, Ms Cronin appeals against the Decision on the grounds she was denied…

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Details
AGLC
Cronin v ANGELES [2025] WADC 61
Case
[2025] WADC 61
Decision Date

CaseChat Overview and Summary

The appeal before the Court was brought by the plaintiff, Cronin, against Angeles, in the Magistrates Court. Cronin sought damages for an alleged breach of natural justice. Cronin claimed that Angeles, a former landlord, had unfairly evicted him from a property without following due process. The Magistrates Court dismissed Cronin’s claim, finding that the circumstances of the eviction did not breach natural justice principles. Cronin appealed this decision to the higher court, arguing that the Magistrates Court erred in its assessment of the facts and the application of natural justice principles.

The central legal issue was whether Angeles' conduct during the eviction process breached the principles of natural justice. Natural justice requires that decisions affecting a person's rights be made fairly. Cronin argued that the eviction process was flawed, as Angeles did not provide an adequate opportunity for Cronin to respond to the allegations against him before the eviction. Angeles contended that the eviction was lawful and that there was no breach of natural justice.

The Court of Appeal examined the specific facts of the case, including the terms of the lease agreement, the communication between the parties, and the process followed during the eviction. The Court held that Angeles had provided Cronin with a reasonable opportunity to respond to the allegations, and that Cronin had not demonstrated a breach of natural justice. The Court found that the Magistrates Court's decision was correct and dismissed Cronin's appeal. The Court confirmed that the eviction process adhered to the necessary legal standards, and no breach of natural justice occurred.

No further orders were made by the Court of Appeal beyond dismissing Cronin’s appeal. The decision of the Magistrates Court stood, and Cronin was not entitled to any damages or relief for the alleged breach of natural justice.

Orders

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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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