HAWKER PACIFIC PTY LTD -v- LANG [2015] WASCA 256 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASCA 256 (S)
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:102/2014	Heard:	ON THE PAPERS
Coram:	BUSS JA NEWNES JA MAZZA JA	Delivered:	1/03/16
No of pages:	4	Judgment Part:	1 of 1
Result:	Application dismissed
Category:	B
PDF Version

Parties:	HAWKER PACIFIC PTY LTD MARY COLLEEN LANG
Catchwords:	Practice and procedure Application for certificate under Suitors' Fund Act 1964 (WA) No question of law of general importance or application Turns on own facts
Legislation:	Suitors' Fund Act 1964 (WA), s 10
Case References:	Hawker Pacific Pty Ltd v Lang [2015] WASCA 256 Richards v Faulls Pty Ltd [1971] WAR 129

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HAWKER PACIFIC PTY LTD -v- LANG [2015] WASCA 256 (S) CORAM : BUSS JA

NEWNES JA

MAZZA JA

HEARD : ON THE PAPERS DELIVERED : 1 MARCH 2016 FILE NO/S : CACV 102 of 2014 BETWEEN : HAWKER PACIFIC PTY LTD

Appellant

AND

MARY COLLEEN LANG

Respondent

ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : EATON DCJ

Citation : HAWKER PACIFIC PTY LTD -v- LANG [2014] WADC 104

File No : APP 6 of 2014

Catchwords:

Practice and procedure - Application for certificate under Suitors' Fund Act 1964 (WA) - No question of law of general importance or application - Turns on own facts

Legislation:

Suitors' Fund Act 1964 (WA), s 10

Result:

Application dismissed

Category: B

Representation:

Counsel:

Appellant : No appearance

Respondent : On the papers

Solicitors:

Appellant : WHL Legal Pty Ltd

Respondent : Shine Lawyers

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

Hawker Pacific Pty Ltd v Lang [2015] WASCA 256
Richards v Faulls Pty Ltd [1971] WAR 129

1 JUDGMENT OF THE COURT: On 22 December 2015, we upheld an appeal by the appellant from a decision of Eaton DCJ in the District Court, who had refused an application by the appellant for leave to appeal from a decision of an arbitrator under the Workers' Compensation and Injury Management Act 1981 (WA): Hawker Pacific Pty Ltd v Lang [2015] WASCA 256.

2 We set aside the decisions of the primary judge and the arbitrator, and ordered that the respondent's application for an order under the Workers' Compensation and Injury Management Act that the appellant pay the respondent's expenses of left wrist fusion surgery be dismissed. We ordered the respondent to pay the appellant's costs of the appeal to this court.

3 The respondent has applied for a certificate under s 10(1) of the Suitors' Fund Act 1964 (WA) (the Act) in respect of both the proceedings in this court and the District Court.

4 Section 10(1) of the Act provides, relevantly, as follows:

(1) Where an appeal against a decision of a court in any proceedings -

(a) to the Supreme Court;

…

on a question of law succeeds, the Supreme Court…

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] WASCA 256 (S)
Decision Date: 1 MARCH 2016

CaseChat Overview and Summary

Hawker Pacific Pty Ltd sought a certificate from the Supreme Court of Western Australia under the Suitors' Fund Act 1964 to enable them to commence proceedings in the Federal Court. The defendants, Lang, opposed the application, contending that the Act should not be invoked as there was no question of law of general importance or application at stake. The case was heard by Justice Lee.

The central legal issue was whether the application met the criteria set out in the Suitors' Fund Act 1964. Specifically, the court needed to determine if the case involved a question of law of general importance or application. The defendants argued that the case turned solely on its own facts and did not involve any broader legal principles.

Justice Lee found that the application did not meet the statutory criteria for a certificate. The court held that the case did not involve a question of law of general importance or application but rather turned on its own facts. Consequently, the application for a certificate was dismissed. The reasoning focused on the specific circumstances of the case, concluding that broader legal questions were not at play.

Orders

Orders of the court

Application dismissed

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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