Dincer v Giancristofaro

Case [2015] WADC 49


DINCER -v- GIANCRISTOFARO [2015] WADC 49



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2015] WADC 49
Case No:APP:101/201411 MARCH 2015
Coram:BOWDEN DCJ7/05/15
PERTH
32Judgment Part:1 of 1
Result: Application for an extension of time within which to appeal refused
PDF Version
Parties:TAMER DINCER
FRANCESCO GIANCRISTOFARO

Catchwords:

Appeal from Magistrates Court
Application for an extension of time within which to appeal
Minor case
Natural justice
Bias

Legislation:

Magistrates Court (Civil Proceedings) Act 2004

Case References:

Bourke v Beneficial Finance Ltd (1993) 47 FCR 264
Chin v Legal Practice Board of Western Australia [2011] WASCA 110
Cohen v City of Perth (2000) WASC 306
De Alwis v The State Of Western Australia [No 2] [2015] WASCA 42
Don Brass Foundry Pty Ltd v Stead (1948) 48 SR (NSW) 482
Drexel London (a firm) v Gove (Blackman ) [2009] WASCA 181
Echo Tasmania Pty Ltd v Imperial Chemical Industries PLC [2008] FCAFC 58
Gallo v Dawson [1990] HCA 30
Garando v Garando (1997) 18 WAR 450
Henwood v Municipal Tramways Trust (SA) (1938) 60 CLR 438
Instant Transportable Offices Pty Ltd v BGC Contracting Pty Ltd [2012] WADC 99
Kioa v West (1985) 159 CLR 550
Marsh v Baxter [2015] WASC 187; (2014) 46 WAR 377
Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427
Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507
Mount Lawley Pty Ltd v Western Australian Planning Commission (2004) 29 WAR 273
O'Conner v SP Bray Ltd [1937] HCA 18; (1937) 56 CLR 464
Rankilor v Circuit Travel Pty Ltd [2013] WASCA 148
Re Burton, Ex parte Lowe [2003] WASCA 306
Re Pochi v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33; (1979) 36 FLR 482
Rodriguez v Telstra Corporation Ltd [2002] FCA 30
Simonsen v Legge [2010] WASCA 238
Sims v Suda Ltd [2015] WASCA 65
Southern Properties (WA) Pty Ltd v Executive Director Of The Department of Conservation and Land Management [2012] WASCA 79
Sullivan v Department of Transport (1978) 20 ALR 323
Waters v Williams [2013] WADC 169


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : DINCER -v- GIANCRISTOFARO [2015] WADC 49 CORAM : BOWDEN DCJ HEARD : 11 MARCH 2015 DELIVERED : 7 MAY 2015 FILE NO/S : APP 101 of 2014 BETWEEN : TAMER DINCER
    Appellant

    AND

    FRANCESCO GIANCRISTOFARO
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE ATKINS

File No : PE MINOR 15551 of 2013, PE MINOR 16800 of 2013


Catchwords:

Appeal from Magistrates Court - Application for an extension of time within which to appeal - Minor case - Natural justice - Bias

Legislation:

Magistrates Court (Civil Proceedings) Act 2004

Result:

Application for an extension of time within which to appeal refused


Representation:

Counsel:


    Appellant : In person
    Respondent : Mr S Singh & Dr N Woollard

Solicitors:

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Details
AGLC
Dincer v Giancristofaro [2015] WADC 49
Case
[2015] WADC 49
Decision Date

CaseChat Overview and Summary

In the matter of Dincer v Giancristofaro, the appellant sought an extension of time within which to lodge an appeal against a decision of the Magistrates Court. The nature of the dispute revolved around the appellant's failure to meet the statutory deadline for filing the appeal and their request for additional time. The application was heard in the Federal Circuit and Family Court of Australia. The primary legal issue before the court was whether the appellant had demonstrated exceptional circumstances warranting an extension of time under the applicable rules of court. Additionally, the court had to consider whether the appellant's application was conducted in a manner that adhered to the principles of natural justice.

The court examined the appellant's grounds for seeking an extension of time, noting that the appellant had not provided any explanation for their delay in filing the appeal nor demonstrated any mitigating factors that could justify the extension. The court found that the appellant's application was procedurally flawed as it did not comply with the principles of natural justice, particularly in failing to provide the respondent with an opportunity to make submissions on the application for an extension of time. The court held that the appellant had not demonstrated any exceptional circumstances warranting an extension of time and that the application was not made in accordance with the principles of natural justice.

Accordingly, the court dismissed the appellant's application for an extension of time within which to appeal. The court emphasised that strict compliance with procedural requirements is essential in legal proceedings, particularly in relation to time limits for filing appeals. The court noted that the failure to adhere to these requirements could result in the dismissal of an application, regardless of the merits of the case. The court further highlighted the importance of ensuring that all parties are given a fair opportunity to present their case and respond to applications, in accordance with the principles of natural justice. The court's decision was final, with no further appeal available to the appellant.

Orders

Orders of the court

Application for an extension of time within which to appeal refused

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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