De Alwis v Department of Housing and Works

The case of De Alwis v Department of Housing and Works t/as Homeswest involved an application for a review of a decision made by the Magistrates Court at Fremantle in proceedings under the Residential Tenancies Act 1987. The applicant, Mr De Alwis, sought to challenge the order terminating his residential tenancy agreement and ordering possession of the rental premises on the grounds of non-payment of rent. The key legal issues were whether the Magistrates Court had jurisdiction to proceed with the termination and possession order, and if the proceedings were conducted in accordance with the rules of natural justice.

The Supreme Court of Western Australia, presided over by Justice Heenan, considered the arguments presented by both parties. The court found that there was an arguable case for a breach of natural justice due to the continuation of proceedings after Mr De Alwis's collapse and removal from the court. Additionally, the court acknowledged the possibility of errors in the proceedings, such as the lack of proof of a proper notice of termination and the continuation of proceedings after the arrears were paid. These errors, if established, might not necessarily go to the jurisdiction of the court but still warranted a review under the Magistrates Court Act 2004.

Justice Heenan granted the application for review and ordered that the application be heard by a Judge in Chambers. The court also stayed the execution of the order for possession, allowing Mr De Alwis to proceed with his application to set aside the decision made in his absence. The court directed that copies of the transcript and other relevant documents be brought before it for further consideration and reserved the costs of the application. The review order was adjourned for further consideration, to be set approximately six weeks from the date of the decision.