Li v Edith Cowan University [No 2] - [2012] WASCA 210

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT : THE COURT OF APPEAL (WA)

CITATION: LI -v- EDITH COWAN UNIVERSITY [No 2] [2012] WASCA 210

CORAM: PULLIN JA
MURPHY JA

HEARD: 12 OCTOBER 2012

DELIVERED : 12 OCTOBER 2012

PUBLISHED : 22 OCTOBER 2012

FILE NO/S: CACV 34 of 2012

BETWEEN: DONGGUANG LI
Appellant
AND
EDITH COWAN UNIVERSITY
Respondent

ON APPEAL FROM:
Jurisdiction              :  STATE ADMINISTRATIVE TRIBUNAL OF WESTERN AUSTRALIA
Coram  :JUSTICE J A CHANEY (PRESIDENT)
Citation  :LI and EDITH COWAN UNIVERSITY [2012] WASAT 72
File No  :EOA 6 of 2012
Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA
Coram  :NEWNES JA
Citation  :LI -v- EDITH COWAN UNIVERSITY [2012] WASCA 142
File No  :CACV 34 of 2012

Catchwords:

Practice and procedure - Application for a review of an interlocutory decision of a single judge - Where no error is demonstrated

Practice and procedure - Application for an extension of time in which to apply for a review of a decision of a single judge

Legislation:

Equal Opportunity Act 1984 (WA)
Supreme Court (Court of Appeal) Rules 2005 (WA)
Supreme Court Act 1935 (WA)

Result:

Application for an extension of time to apply for review dismissed
Application for review dismissed

Category: B

Representation:

Counsel:

Appellant: In person
Respondent: Mr H H Jackson

Solicitors:

Appellant: In person
Respondent: Office of Legal Services

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

Keating v The State of Western Australia [2007] WASCA 98; (2007) 35 WAR 1
Li and Edith Cowan University [2012] WASAT 72
Li v Edith Cowan University [2012] WASCA 142

REASONS OF THE COURT: At the conclusion of the hearing on 12 October 2012, the court ordered that the appellant's application for an extension of time to apply for a review of the decision of Newnes JA should be dismissed, that the application for review should be dismissed and that the appellant should pay the respondent's costs fixed at $400. The court stated that it would publish reasons for those orders later. These are the reasons.
The appellant's application was made under s 61(3) of the Supreme Court Act 1935 (WA). The appellant sought an order to set aside or vary the orders made by Newnes JA on 24 July 2012. The orders Newnes JA made were orders dismissing the appellant's application for relief which the court had no power to grant and that the appellant pay the respondent's costs of $400.
The background to the appeal is as follows. The appellant was formerly employed by the respondent in an academic position. He had been employed for 15 years and had risen to the position of Associate Professor. He was eventually suspended, pending the outcome of a misconduct investigation. This led ultimately to the termination of the appellant's employment on 11 January 2011.
The appellant then lodged various complaints with the Equal Opportunity Commission, alleging that he had been unlawfully discriminated against in the course of the proceedings. The Commissioner for Equal Opportunity concluded that the…

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: [2012] WASCA 210
Decision Date: 22 OCTOBER 2012

CaseChat Overview and Summary

The case of Li v Edith Cowan University [No 2] involved the applicant, Li, who sought a review of an interlocutory decision made by a single judge and an extension of time to apply for such a review. The dispute centred around the procedural fairness of the decision-making process and the timeliness of Li's application. The matter was heard in the Supreme Court of Western Australia.

The primary legal issues that the court had to address were whether there was any demonstrated error in the interlocutory decision that warranted a review, and if not, whether the application for an extension of time should be granted. The court had to consider the principles of procedural fairness, the nature of interlocutory decisions, and the appropriate criteria for granting extensions of time in the context of judicial review applications.

In delivering its decision, the court first examined the grounds on which Li sought a review of the interlocutory decision. It was determined that Li had not demonstrated any error in the decision, thus there was no basis for a review. The court also assessed the application for an extension of time, taking into account the circumstances of the case, the reasons for the delay, and the potential impact on the overall proceedings. The court found that the delay was unjustified and that there was no sufficient reason to warrant an extension of time. Consequently, the application for an extension of time was dismissed.

The court's final orders were that the application for a review of the interlocutory decision was dismissed, and the application for an extension of time to apply for a review was also dismissed.

Orders