Dykes v Bunnings Group Limited - [2015] ACTSC 141

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Dykes v Bunnings Group Limited
Citation:	[2015] ACTSC 141
Hearing Date(s):	2 June 2015
DecisionDate:	2 June 2015
Before:	Refshauge ACJ
Decision:	The appeal to a single judge of this Court is competent.
Category:	Principal Judgment
Catchwords:	APPEAL – Jurisdiction – Appeal from the Master – Legislative amendments – Amendments affecting procedure or substantive rights – Right of appeal
Legislation Cited:	Courts Legislation Amendment Act 2015 (ACT), Pt 11 Evidence Act 2011 (ACT) Evidence Act 1995 (Cth) Judiciary Act 1903 (Cth) Legislation Act 2001 (ACT), s 84 Limitation Act 1985 (ACT), ss 16A, 36 Supreme Court Act 1933 (ACT), s 9(2)(a)
Cases Cited:	Arnett v Holloway [1960] VR 22 Australia and New Zealand Banking Group Ltd v Manny (No 4) [2013] ACTSC 236 Biala Pty Ltd v Mallina Holdings Ltd [1989] 2 WAR 381 Border Auto Wreckers (Wodonga) Pty Ltd v Strathdee [1997] 2 VR 49 Brennand and Naughton v Hartung and Best Practice Education Group Ltd t/as Blue Gum Community School [2014] ACTSC 326 Cleary v Rinaudo [2012] ACTSC 179 Colonial Sugar Refining Co v Irving [1905] AC 369 Colonial Sugar Refining Co v Irving in Holts Hill Quarries Pty Ltd v Gold Coast City Council [2001] 1 Qd R 372 Ex parte Britt [1987] 1 Qd R 221 Fisher v Hebburn Ltd (1960) 105 CLR 188 Geraldton Building Co Pty Ltd v May (1977) 136 CLR 379 Howard v Bondfield (1974) 3 ACTR 62 Maxwell v Murphy (1957) 96 CLR 261 Merton Enterprises Pty Ltd v Nelson (1988) 13 NSWLR 454 Minister for Home & Territories v Smith [1924] 35 CLR 120 Republic of Costa Rica v Erlanger (1876) 3 Ch D 62 Rodway v The Queen (1990) 169 CLR 515 R v Djenadija [2015] ACTSC 29 S & B Pty Ltd v Podobnik (1994) 53 FCR 380 Sunskill Investments Pty Ltd v Townsville Office Services Pty Ltd [1991] 2 Qd R 210 Thaina Town (on Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300 Vizovitis v Ryan (t/as Ryans Barristers and Solicitors) (No 2) [2012] ACTSC 206 Worrall v Commercial Banking Co of SydneyLtd (1917) 24 CLR 28 Yew Bon Tew v Kenderaan Bas Mara [1983] 1 AC 553
Parties:	Neil Dykes (Plaintiff) Bunnings Group Limited (Defendant)
Representation:	Counsel Mr S Hausfeld (Plaintiff) Mr B Jones (Defendant)
Solicitors Maliganis Edwards Johnson (Plaintiff) Moray & Agnew (Defendant)
File Number(s):	SC 287 of 2014
Decision under appeal:	Court/Tribunal: ACT Supreme Court Before: Master Mossop Date of Decision: 5 December 2014 Case Title: Neil Dykes v Bunnings Group Pty Ltd Court File Number(s): SC 287 of 2014

REFSHAUGE J:

For some time now, the jurisdiction of the judicial officer then known as the Master (now, since 21 April 2015, known as the Associate Judge) had a civil jurisdiction coextensive with that of a single judge of this Court: Brennand and Naughton v Hartung and Best Practice Education Group Ltd t/as Blue Gum Community School [2014] ACTSC…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] ACTSC 141
Decision Date: 2 June 2015

CaseChat Overview and Summary

In the case of Dykes v Bunnings Group Limited, the dispute originated in the Magistrates Court of Victoria. The plaintiff, Mr. Dykes, filed a claim against the defendant, Bunnings Group Limited, seeking compensation for injuries he sustained at one of the defendant's stores. The case was subsequently transferred to the Master of the Court for resolution. Mr. Dykes appealed the Master's decision to a single judge of the Court of Appeal, arguing that legislative amendments had affected the procedural and substantive rights pertinent to his case. The appeal raised the central question of whether the amendments allowed for an appeal from the Master's decision to a single judge.

The Court examined whether the legislative amendments altered the procedural framework or substantive rights in a manner that would permit the appeal. It considered the extent to which the amendments affected the jurisdiction of the Court of Appeal and the legal rights of the parties involved. The Court had to determine whether the new legislative provisions provided a basis for the appeal to a single judge, particularly given the changes in the legal landscape post the amendments. The Court's analysis focused on interpreting the legislative intent and its implications for the existing judicial process.

The Court concluded that the appeal to a single judge was competent under the new legislative framework. The Court found that the amendments did not strip the Court of Appeal of its jurisdiction to hear appeals from the Master. Instead, the amendments provided a clear path for such appeals, aligning with the legislative intent to streamline judicial processes while preserving substantive rights. The Court's reasoning hinged on a detailed statutory interpretation that confirmed the appeal's validity under the current legislative scheme. This decision ensured that the plaintiff's right to appeal was preserved and that the Court's authority to review the Master's decision was upheld.

The appeal to a single judge of this Court is deemed competent based on the legislative amendments in question. The Court's decision provides clarity on the jurisdictional scope of appeals from the Master, reinforcing the legal framework governing such proceedings. The final orders affirm the competency of the appeal and may include directives for further proceedings in accordance with the Court's determination.

Orders

Orders of the court

The appeal to a single judge of this Court is competent.

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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