JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: FOLAN -v- PHOBOS NOMINEES PTY LTD [2024] WADC 22
CORAM: CURWOOD DCJ
HEARD: 26 MARCH 2024
DELIVERED : 19 APRIL 2024
FILE NO/S: APP 41 of 2023
BETWEEN: BRIAN MARTIN FOLAN
Appellant
AND
PHOBOS NOMINEES PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE M CRAWFORD
File Number : PER/CIV/MINOR/2449/2023
Catchwords:
Appeal - Magistrates Court - Minor case procedure - Judgment entered by consent - Appeal against consent judgment - Whether appellant was denied natural justice - Turns on own facts
Legislation:
Magistrates Court (Civil Proceedings) Act 2004 (WA)
Result:
Appeal dismissed
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | Mr L J Bone |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | HWL Ebsworth Lawyers (Perth) |
Case(s) referred to in decision(s):
Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502
Duluxgroup (Australia) Pty Ltd v Chapple [2023] WASCA 83
Harvey v Phillips (1956) 95 CLR 235
Jones v Darkan Hotel [2014] WASCA 133
Newcrest Mining Ltd v Thornton (2012) 248 CLR 555
Rankilor v Circuit Travel Pty Ltd [2013] WASCA 148
Rowe v Stoltze [2013] WASCA 92; (2013) 45 WAR 116
Siebe Gorman & Co Ltd v Pneupac Ltd [1982] 1 WLR 185
Spencer v Nominal Defendant [2007] QCA 254; [2008] 2 Qd R 64
Steicke v Pederick [2019] SASCFC 148; (2019) 134 SASR 114
Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd (1957) 98 CLR 93
CURWOOD DCJ:
This is an appeal against a consent judgment for $8,000 which was entered on 11 August 2023 in favour of the appellant, Mr Folan, against the respondent, Phobos Nominees Pty trading as Westside Autos (Westside) in a minor case claim in the Magistrates Court at Perth.
The magistrate facilitated settlement discussions which subsequently led to the magistrate making and extracting a consent judgment. Those settlement discussions took place before the commencement of the trial of Mr Folan's claim against Westside. Mr Folan's underlying dispute centred on whether Westside had breached warranty obligations with respect to a second-hand BMW vehicle which he had purchased from Westside.
Mr Folan's sole ground of appeal is that during the hearing in which the consent order was negotiated and entered he was denied natural justice or procedural fairness by the magistrate.
In order to deal with the appeal, I have had access to a copy of the Magistrates Court file which was provided to this court by the Magistrates Court pursuant to r 52(3) of the District Court Rules 2005 (WA) (DCR) (Matter Book). The Matter Book contains copies of all court documents relating to Mr Folan's claim and transcripts of the hearing on 11 August 2023 and earlier directions hearings in the case. Prior to the hearing of the appeal each of the parties were provided with a copy of the Matter Book.
The issues which arise on the hearing of the appeal may…
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- AGLC
- Folan v Phobos Nominees Pty Ltd [2024] WADC 22
- Case
- [2024] WADC 22
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the appellant had been denied procedural fairness, a cornerstone of natural justice, during the process leading to the consent judgment. The court had to determine if the appellant's ability to contest the proceedings was compromised in a manner that rendered the judgment unfair. The court also had to assess the procedural steps taken before and during the entry of the consent judgment to ensure they met the requisite standards of fairness and justice.
The court considered the specific circumstances surrounding the entry of the consent judgment, including the communication between the parties and the court, and the appellant's understanding and agreement to the terms of the judgment. The court found that the appellant had not been denied natural justice, as the proceedings had adhered to the principles of fairness. The court held that the appellant's consent to the judgment was informed and voluntary, and that there was no procedural irregularity that would invalidate the judgment. Consequently, the appeal was dismissed.
The court did not make any further orders beyond dismissing the appeal. The consent judgment remained valid and enforceable.
Orders
Orders of the court
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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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