Lewis v Garvey

Case [2017] WADC 76

LEWIS -v- GARVEY [2017] WADC 76



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 76
Case No:APP:106/201624 MAY 2017
Coram:TROY DCJ14/06/17
PERTH
30Judgment Part:1 of 1
Result: Appeal allowed
Quash the order made by the Magistrates' Court of Western Australia on 5 December 2016
Order that the appellants' application of 20 June 2016 is granted
PDF Version
Parties:KERRY LEWIS
MAREE  LEWIS
BRIAN JOHN GARVEY

Catchwords:
Appeal
Res judicata
Statutory construction of the Magistrates' Court (Civil Proceedings) Act 2004
The Home Building Contracts Act 1991
The Building Services (Complaint Resolution and Administration) Act 2011
Abuse of process

Legislation:
Building Services (Complaint Resolution and Administration) Act 2011 (WA) s 5(2)
Home Building Contracts Act 1991 (WA) s 17
Interpretation Act 1984 (WA) s 8 and s 18
Magistrates Court (Civil Proceedings) Act 2004 (WA) s 6(1) and (5)(e) and s 17(1)(d)

Case References:
ABB Power Plants v Electricity Commission of New South Wales t/as Pacific Power (1995) 35 NSWLR 596
Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1
Appleyard v Walker [2009] WASCA 141
Bailey v Marinoff (1971) 125 CLR 529
Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd [2012] WASC 228
City of Kwinana v Lamont [2014] WASCA 112
Eastwood and Holt v Studer (1926) 31 Com Cas 251
Instant Transportable Offices Pty Ltd v BGC Contracting Pty Ltd [2012] WADC 99
Meyers v Casey (1913) 17 CLR 90
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566
Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Pipeline Services WA Pty Ltd v Atco Gas Australia Pty Ltd [2014] WASC 10
Plaintiff S4/2014 v Minister for Immigration and Border Protection 312 ALR 537
R v Middlesex Justices [1933] 2 KB 1
R v Wallis (1949) 78 CLR 529
Sheraz Pty Ltd v Vegas Enterprises Pty Ltd [2015] WASCA 4
Stokes (by a tutor) v McCourt [2013] NSWSC 1014
Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507
Tyne (Trustee) v UBS AG (No 2) [2017] FCAFC 5

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : LEWIS -v- GARVEY CORAM : TROY DCJ HEARD : 24 MAY 2017 DELIVERED : 14 JUNE 2017 FILE NO/S : APP 106 of 2016 BETWEEN : KERRY LEWIS
    First-named Appellant

    MAREE LEWIS
    Second-named Appellant

    AND

    BRIAN JOHN GARVEY
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE BOON

File No : PE GCLM 15898 of 2015


Catchwords:

Appeal - Res judicata - Statutory construction of the Magistrates' Court (Civil Proceedings) Act 2004 - The Home Building Contracts Act 1991 - The Building Services (Complaint Resolution and Administration) Act 2011 - Abuse of process

Legislation:

Building Services (Complaint Resolution and Administration) Act 2011 (WA) s 5(2)


Home Building Contracts Act 1991 (WA) s 17
Interpretation Act 1984 (WA) s…

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AGLC
Lewis v Garvey [2017] WADC 76
Case
[2017] WADC 76
Decision Date

CaseChat Overview and Summary

The appeal heard by the court involved Lewis, the appellants, and Garvey, the respondent. The primary dispute arose from an application made by the appellants to the Magistrates' Court of Western Australia to quash an earlier order made by the same court on 5 December 2016. The appellants sought to argue that the earlier order was null and void, citing issues of abuse of process and the application of the statutory provisions under the Magistrates' Court (Civil Proceedings) Act 2004, the Home Building Contracts Act 1991, and the Building Services (Complaint Resolution and Administration) Act 2011. The central legal issues revolved around whether the Magistrates' Court had the jurisdiction to make the contested order and whether the doctrine of res judicata applied, preventing the appellants from challenging the prior decision. Additionally, the court examined whether the appellants' application was an abuse of the court process.

In resolving these issues, the court meticulously reviewed the statutory frameworks governing the respective acts and the procedural history of the case. It found that the Magistrates' Court did not have the jurisdiction to make the contested order, which was beyond its statutory powers. Furthermore, the court concluded that the doctrine of res judicata did not bar the appellants from challenging the earlier order. The court also determined that the appellants' application was not an abuse of the court process, as they had a legitimate basis for seeking relief. Consequently, the court allowed the appeal, quashed the order made by the Magistrates' Court on 5 December 2016, and granted the appellants' application of 20 June 2016.

Orders

Orders of the court

Appeal allowed

Quash the order made by the Magistrates' Court of Western Australia on 5 December 2016

Order that the appellants' application of 20 June 2016 is granted

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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