Mueller v PSAL Ltd - [2014] WADC 42

MUELLER -v- PSAL LTD [2014] WADC 42

Last Update: 05/05/2014

MUELLER -v- PSAL LTD [2014] WADC 42
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2014] WADC 42
Case No:	APP:8/2013	Heard:	19 MARCH 2014
Coram:	EATON DCJ	Delivered:	09/04/2014
Location:	PERTH	Supplementary Decision:
No of Pages:	12	Judgment Part:	1 of 1
Result:	Appeal dismissed
[Click here for Judgment in Adobe Acrobat Format ]

On Appeal from:	Jurisdiction: MAGISTRATES COURT OF WESTERN AUSTRALIA Coram: MAGISTRATE BROMFIELD File Number: GCLM 433 of 2010
Parties:	KARL PAUL MUELLER PSAL LTD
Catchwords:	Appeal from Magistrates Court Contract Offer of a loan and acceptance Subsequent withdrawal by borrower Liability for fees, charges and interest
Legislation:	Nil
Case References:	Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : MUELLER -v- PSAL LTD [2014] WADC 42 CORAM : EATON DCJ HEARD : 19 MARCH 2014 DELIVERED : 9 APRIL 2014 FILE NO/S : APP 8 of 2013 BETWEEN : KARL PAUL MUELLER

Appellant

AND

PSAL LTD

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE BROMFIELD

File No : GCLM 433 of 2010

Catchwords:

Appeal from Magistrates Court - Contract - Offer of a loan and acceptance - Subsequent withdrawal by borrower - Liability for fees, charges and interest

Legislation:

Nil

Result:

Appeal dismissed

Representation:

Counsel:

Appellant : In person

Respondent : Mr G Stubbs

Solicitors:

Appellant : No appearance

Respondent : Michael Sing Lawyers

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

Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194

1 EATON DCJ: Karl Paul Mueller, on 29 January 2013, filed a notice of appeal in this court against a decision made by his Honour Magistrate Bromfield in the Perth Magistrates Court on 7 January 2013. On 4 February 2013 the respondent to the appeal, PSAL Ltd, gave notice that it would oppose the appeal.

2 The notice of appeal has seven grounds of appeal. The first alleges that Magistrate Bromfield erred in that he commenced hearing the matter 'without proper preparation'. The third ground of appeal appears to complain about what were pre-trial procedural matters. The remaining grounds of appeal are not succinct and represent a mixture of complaints about certain findings by the magistrate, his conduct of the trial and the conduct of counsel for the respondent, Mr Stubbs. For example, ground 5 alleges that the magistrate erred in allowing the claimant's barrister (Mr Stubbs): 'accusing the defendant of lying on several occasions including of lying under oath as documented of page 111 of the transcript dated 29/11/12'. That error, asserts the appellant 'further unsettled the defendant and he felt intimidated and threatened and without protection'.

3 On 18 June 2013 Deputy…

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 Mueller v PSAL Ltd

Details

AGLC: Mueller v PSAL Ltd [2014] WADC 42
Case: [2014] WADC 42
Decision Date

CaseChat Overview and Summary

Karl Paul Mueller appealed a decision of Magistrate Bromfield of the Perth Magistrates Court that he was liable to PSAL Ltd for $10,738.65 being the costs and expenses of PSAL Ltd incurred in processing a loan application made by Mr Mueller. Mr Mueller had accepted a formal letter of offer of a loan from PSAL Ltd dated 1 September 2009. The loan was to be provided by Balani Pty Ltd. The terms of the offer included the requirement that Mr Mueller pay all expenses and charges incurred by PSAL Ltd in connection with the loan, including legal fees, valuation fees and disbursements. The loan did not proceed because Mr Mueller did not complete and return a second set of security documents in accordance with instructions received from PSAL Ltd. He did so because, in the light of belated legal advice, he decided not to proceed with the loan. The appeal was dismissed. The decision of the magistrate was not the result of any factual, legal or discretionary error.

Orders