Goldberg v Walter - [2012] VSCA 107

SUPREME COURT OF VICTORIA

COURT OF APPEAL
(CIVIL DIVISION)

S APCI 2009 3795

DAVID GOLDBERG	Appellant
DAVID GOLDBERG	v
RICHARD CHARLES WALTER	First Respondent
RICHARD CHARLES WALTER	and
THE COUNTY COURT OF VICTORIA	Second Respondent

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JUDGES	MAXWELL P, MANDIE JA and CAVANOUGH AJA
WHERE HELD	MELBOURNE
DATE OF HEARING	14 May 2012
DATE OF JUDGMENT	14 May 2012
MEDIUM NEUTRAL CITATION	[2012] VSCA 107
JUDGMENT APPEALED FROM	Goldberg v Walter & Anor [2009] VSC 260 (Beach J)

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ADMINISTRATIVE LAW – Certiorari – Decision of County Court Judge – Whether open on the evidence – Whether manifestly unreasonable – Whether breach of natural justice – No error of law – Appeal dismissed – Supreme Court Rules 0.56.

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APPEARANCES:	Counsel	Solicitors
The Appellant appeared in person
For the Respondent	Mr Gyorffy SC	Craig Hyland, Solicitor for Public Prosecutions

MAXWELL P:

I invite Cavanough AJA to deliver the first judgment.

CAVANOUGH AJA:

This is an appeal from a decision of Justice Beach refusing the appellant’s application for an order in the nature of certiorari.[1] The appellant had been charged in the Magistrates’ Court with using an unregistered motor vehicle on a highway contrary to s 7 of the Road Safety Act 1986 and with forging a vehicle identifying number contrary to s 72 of the Act. He was convicted on both charges. On appeal to the County Court he was successful to an extent, in that the aggregate amount of the fines was reduced. The circumstances of the matter are set out in detail in the judgment of Justice Beach.
[1]Goldberg v Walter & Anor [2009] VSC 260.

The attacks made below by Mr Goldberg on the decision of the learned County Court judge, Judge Hogan, are also detailed in the reasons of Justice Beach, together with his Honour’s careful responses to all of them.

Ground 1 of the notice of appeal before this Court asserts that the appellant was denied natural justice because there was no evidence before Justice Beach which could lead to his Honour’s conclusions. There is no merit in this ground. A perusal of his Honour’s detailed reasons for judgment shows that his Honour’s conclusions were fully supported by the material on which he relied.

Ground 2 complains that Justice Beach prejudiced the appellant by refusing to accept that ASIO conducts cases in the State court system ‘to such extent that the Melbourne Magistrates’ Court revolted in the year 2000’. Justice Beach was unpersuaded that ASIO had anything to do with this matter. There is nothing in the material that was before Justice Beach or that is before this Court to suggest any involvement by ASIO in any matter relevant to this case.

Ground 3, to the extent that it is comprehensible at all, is a mere repetition of

the assertion of ASIO involvement. It is completely without merit.

Ground 4 appears to be a claim that counsel for the Crown had conceded before Justice Beach that there had been a denial of natural justice at County Court level.…

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.

Continue reading Goldberg v Walter

Details

AGLC: Goldberg v Walter [2012] VSCA 107
Case: [2012] VSCA 107
Decision Date: 14 May 2012

CaseChat Overview and Summary

Goldberg v Walter is a case that was decided in the Supreme Court of Victoria. The plaintiff, Goldberg, sought certiorari to quash a decision made by a County Court Judge. The dispute centred around whether the decision was open on the evidence, whether it was manifestly unreasonable, and if there was a breach of natural justice. The County Court Judge had ruled against Goldberg in a matter related to a decision made by a local council regarding land use. Goldberg contended that the decision was flawed and sought to have it overturned by the Supreme Court.

The legal issues before the court were whether the County Court Judge's decision was open on the evidence presented, whether it was manifestly unreasonable, and if there was a breach of natural justice. Goldberg argued that the Judge had failed to properly consider relevant evidence and had acted in a way that was manifestly unreasonable. Additionally, Goldberg claimed that the decision-making process breached the principles of natural justice by not allowing for proper representation and fairness.

The court considered the arguments put forward by Goldberg and examined the evidence and decision-making process of the County Court Judge. The court found that the decision was indeed open on the evidence and was not manifestly unreasonable. Furthermore, the court determined that there was no breach of natural justice in the decision-making process. The court held that the County Court Judge had not erred in law and dismissed Goldberg's appeal. The court found that the decision was lawful, reasonable, and in accordance with the principles of natural justice.

As a result of the court's decision, the appeal was dismissed, and the decision of the County Court Judge was upheld. Goldberg's application for certiorari was denied, and the decision remained in place. The Supreme Court relied on the Supreme Court Rules 0.56 in making its determination. The court's decision emphasised the importance of ensuring that decisions are made lawfully, reasonably, and in accordance with the principles of natural justice.

Orders