Langsford v Kangaroo Island Council
[2012] SADC 140
•23 October 2012
District Court of South Australia
(Civil: Minor Civil Review)
LANGSFORD v KANGAROO ISLAND COUNCIL
[2012] SADC 140
Reasons for Decision of His Honour Judge Clayton (ex tempore)
23 October 2012
MAGISTRATES - APPEAL AND REVIEW
At a directions hearing conducted by telephone the magistrate dismissed the plaintiff’s minor civil action as no cause of action was disclosed by the pleadings.
HELD: The directions hearing was not an appropriate occasion for order dismissing action.
Magistrates Court Act 1991 s 38, referred to.
LANGSFORD v KANGAROO ISLAND COUNCIL
[2012] SADC 140
This is an application for review of a minor civil action pursuant to s 38 of the Magistrates Court Act 1991.
I have heard evidence from Mr Langsford. In remitting this matter I express no view with respect to the merit of his claim which is set out in a statement of claim filed in the Christies Beach Magistrates Court on 12 January 2012.
The court fiat discloses that on 26 March 2012 Mr Langsford appeared by phone and Mr Andrew Cole appeared for the Kangaroo Island Council. The fiat reads: ‘Claim dismissed as no cause of action disclosed by the pleadings’. The magistrate initialled that fiat on 26 March 2012.
Mr Langsford told me that he had received a notice from the Registrar of the Magistrates Court dated 21 February 2012 requiring him to attend at a directions hearing at the Kingscote Courthouse at 2.30 pm on Monday, 26 March 2012. He said that he was unable to attend because he had to care for his mother.
The notice which he had received is headed ‘Notice of Directions Hearing’. It is in a standard form. The notice states that: ‘The purpose of this directions hearing is to ascertain the status of the action and to explore any possible avenues of achieving a negotiated settlement of the matters in dispute and, if the action cannot be settled, to set a date for mediation or to define and resolve the issues between the parties and to set a date for trial’. The notice continues to advise Mr Langsford that he should attend with all documentation about the dispute and contains the statement: ‘You do not need to bring your witnesses. You should think about how you could settle this dispute’.
At that hearing that the magistrate dismissed the claim on the ground no cause of action was disclosed by the pleadings.
In my opinion it was inappropriate to dismiss the action without providing to Mr Langsford notice that there would be an application for the claim to be dismissed. The notice of directions hearing is quite explicit; it explains that a number of actions could take place at the directions hearing but it does not state that a final judgment might be entered or that the action might be dismissed because the pleadings did not disclose a cause of action.
Mr Langsford told me that he wished to present a case to the magistrate and he produced documents to me today. He also told me that he may wish to subpoena witnesses. He mentioned, for example, a lawyer. He said he would like someone to look at the evidence.
I do not wish to express any view on the merit of his claim. I think the view of the magistrate that the summons discloses no cause of action is probably correct. However, Mr Langsford was not given notice that his claim may be struck out and he has been denied the opportunity of presenting his case. The directions hearing via telephone was not an appropriate occasion to dismiss the action.
In the circumstances, the judgment will be rescinded, the matter will be remitted to the Magistrates Court for hearing. That is all.
MR LANGSFORD: Thank you, can I have those documents back?
HIS HONOUR: I think I would like to make a photocopy of those (documents).
MR LANGSFORD: Certainly.
HIS HONOUR: Can we do that and we will post them to you, Mr Langsford.
MR LANGSFORD: That’s okay. I’ll have to be able to present the magistrate with something.
HIS HONOUR: Yes.
MR LANGSFORD: They’re all originals.
HIS HONOUR: Ms Fisher, do you wish to say anything else?
MS FISHER: No, your Honour.
HIS HONOUR: Now there is no reason why you cannot talk. How much do you say that you should pay for rates?
MR LANGSFORD: As they should have been paid right from the start.
HIS HONOUR: What should they have been?
MR LANGSFORD: I’m sorry, I haven’t added it up.
HIS HONOUR: Well can I suggest that you have a discussion with Ms Fisher and see if you can come to some agreement; that would be very much in everybody’s interests -
MR LANGSFORD: I think so too.
HIS HONOUR: - if you could reach an agreement I am sure your life would be much happier if you could put this all behind you.
MR LANGSFORD: Certainly and same for the council but I - it is - if they can get away with this they can get away with it with anyone. I mean I’m certain -
HIS HONOUR: Yes but I will not comment on that but -
MR LANGSFORD: Yes.
HIS HONOUR: That is all for now.
MR LANGSFORD: Okay, thank you.
HIS HONOUR: Thank you both.
ADJOURNED 11.29 A.M.
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