Defendi v Szigligeti

Case [2019] WASCA 115


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   DEFENDI -v- SZIGLIGETI [2019] WASCA 115

CORAM:   MURPHY JA

MITCHELL JA

BEECH JA

HEARD:   25 JULY 2019

DELIVERED          :   8 AUGUST 2019

FILE NO/S:   CACV 97 of 2018

BETWEEN:   SILVANO DEFENDI

Appellant

AND

IREN SZIGLIGETI

Respondent

ON APPEAL FROM:

Jurisdiction              :   DISTRICT COURT OF WESTERN AUSTRALIA

Coram:   GETHING DCJ

Citation: DEFENDI -v- SZIGLIGETI [2018] WADC 115

File Number             :   APP 15 of 2018


Catchwords:

Courts and magistrates - Procedural fairness - Whether magistrate obliged to permit appellant to make oral submissions in addition to written submissions

Legislation:

Magistrates Court (Civil Proceedings) Act 2004 (WA), s 15

Result:

Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : No appearance
Respondent : No appearance

Solicitors:

Appellant : In person
Respondent : In person

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

Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 252 CLR 38

AVS Australian Venue Security Services Pty Ltd v Criminale [2006] NSWCA 368

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

Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 587

Commissioner of Police v Tanos [1958] HCA 6; (1958) 98 CLR 383

Defendi v Szigligeti [2018] WADC 115

Forrest & Forrest Pty Ltd v the Honourable William Richard Marmion, Minister for Mines and Petroleum [2017] WASCA 153; (2017) 51 WAR 425

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

J v Lieschke [1987] HCA 4; (1987) 162 CLR 447

Kioa v West [1985] HCA 81; (1985) 159 CLR 550

Mijatovic v Legal Practitioners Complaints Committee [2008] WASCA 115; (2005) 37 WAR 149

Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180

Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326

Nobarani v Mariconte [2018] HCA 36; (2018) 359 ALR 31

Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1

Rowe v Stoltze [2013] WASCA 92; (2013) 45 WAR 116

Shrestha v Migration Review Tribunal [2015] FCAFC 87; (2015) 229 FCR 301

Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141

SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152

Woodley v Woodley [2018] WASCA 149

JUDGMENT OF THE COURT:

Introduction

  1. The appellant, Mr Defendi, and the respondent, Ms Szigligeti, are the registered proprietors of adjoining land in Hovea.  For over 10 years they have been in dispute over the boundary fence between their properties.  This dispute has led to Mr Defendi commencing three cases against Ms Szigligeti in the Magistrates Court, as well as to an unsuccessful attempt by Mr Defendi to sue Ms Szigligeti for trespass.

  2. On 24 January 2018, the most recent of the Magistrates Court cases was struck…

Continue reading Defendi v Szigligeti

Sign in free to access the full text

Details
AGLC
Defendi v Szigligeti [2019] WASCA 115
Case
[2019] WASCA 115
Decision Date

CaseChat Overview and Summary

In the matter of Defendi v Szigligeti, the appellant, Defendi, sought judicial review of a decision made by a magistrate who dismissed Defendi's application for a court order. The dispute centred around whether the magistrate was required to permit Defendi to make oral submissions in addition to the written submissions provided. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether a magistrate had an obligation to allow a party to make oral submissions in addition to the written submissions already provided. The court was required to determine the extent of procedural fairness owed by a magistrate in such circumstances, particularly when the party seeking to make oral submissions had not previously indicated an intention to do so.

The court held that the magistrate was not obliged to permit oral submissions in addition to the written submissions provided. It was determined that the onus was on the party seeking to make oral submissions to demonstrate that such submissions were necessary to ensure procedural fairness. In this case, Defendi had not demonstrated that oral submissions were necessary to ensure procedural fairness. The court found that the magistrate's decision to proceed with the written submissions alone did not amount to a breach of procedural fairness. The appeal was dismissed.

No further orders were made by the court.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.