JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: OKERE -v- E'CO AUSTRALIA PTY LTD [2025] WADC 71
CORAM: JEYAMOHAN DCJ
HEARD: 2 SEPTEMBER 2025
DELIVERED : 8 OCTOBER 2025
FILE NO/S: APP 26 of 2025
BETWEEN: CHINEDU NNANNA OKERE
Appellant
AND
E'CO AUSTRALIA PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE DARGE
File Number : PER/GCLM/3175/2023
Catchwords:
Magistrates Court appeal - Denial of procedural fairness - Application to set aside default judgment on condition of payment into court - Miscarriage of justice - Turns on own facts
Legislation:
District Court Rules 2005 (WA), r 50, r 51
Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40
Result:
Appeal allowed
Application remitted to the Magistrates Court to be tried before a different magistrate
Representation:
Counsel:
| Appellant | : | Mr D Siaw |
| Respondent | : | Mr P Lafferty |
Solicitors:
| Appellant | : | Hoe Lawyers |
| Respondent | : | Simon Keay |
Case(s) referred to in decision(s):
ACN 076 676 438 Pty Ltd (in liq) v A‑Comms Teledata Pty Ltd [2000] WASC 214
Allegro Pty Ltd v Famicorp Pty Ltd (Unreported, WASC, Library No 930313, 14 May 1993)
Batiste v Gilmour-Latham [2001] NSWCA 392
Brocklehurst v Wolinski [2015] WADC 36
Carrier Air Conditioning Pty Ltd v Richard Kevin Thommesen and Rachael Anne Thommesen as Trustees for the Thommesen Family Trust [2005] WADC 195
Defendi v Szigligeti [2019] WASCA 115
Fleming v Duneda Pty Ltd [2000] WADC 17
Frigger v Frigger [2023] WASCA 103
Glew v Frank Jasper Pty Ltd [2010] WASCA 87
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Johnston v Morien [2006] WADC 46
La Trobe Financial Asset Management Ltd v Wallabie Constructions Pty Ltd [2024] WASC 482
McDiarmid v Rycar Pty Ltd [2006] WADC 39
Moleirinho v Talbot & Olivier Lawyers Pty Ltd [2014] WASCA 65
National Australia Bank Ltd v Watkins [2024] WASC 30
Neil v Nott [1994] HCA 23; (1994) 68 ALJR 509; (1994) 121 ALR 148
Nobarani v Mariconte [2018] HCA 36
Parker v Transfield Pty Ltd [2000] WASCA 382
Sethi v Bhavsar [2020] WASCA 52
Stanley v Layne Christensen Company [2006] WASCA 56
Starrs v Retravision (WA) Ltd [2012] WASCA 67
Ward v West Coast Suzuki Marine Pty Ltd [2021] WADC 37
Wentworth v Rogers (No 5) (1986) 6 NSWLR 534
JEYAMOHAN DCJ:
Introduction
On 13 March 2023, E'Co Australia Pty Ltd (E'Co) commenced proceedings against Chinedu Nnanna Okere (Mr Okere) in the Magistrates Court claiming damages of $45,416.41 in respect of wrongful conversion of certain goods the property of E'Co.[1]
[1] Magistrates Court lower court file General Procedure Claim 3175/2023 (MB), page 1.
On 2 May 2023, E'Co applied for default judgment on the basis that Mr Okere had not lodged, within the prescribed time, a response to claim.
On 19 July 2023, the E'Co obtained default judgment against…
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- AGLC
- Okere v E'Co Australia Pty Ltd [2025] WADC 71
- Case
- [2025] WADC 71
- Decision Date
CaseChat Overview and Summary
The court's primary legal issues involved whether Okere's right to procedural fairness was breached and if the procedural irregularities were substantial enough to warrant setting aside the default judgment. Additionally, the court considered whether the applicant's payment into court satisfied the conditions required to set aside the judgment. The court's analysis hinged on the principles of procedural fairness and the discretion granted to the court to set aside a default judgment in the interests of justice.
The court held that Okere had not been afforded procedural fairness, and the procedural irregularities were significant enough to warrant setting aside the default judgment. The court found that the applicant's payment into court satisfied the conditions required to address the miscarriage of justice. The court emphasised that the circumstances of each case would determine whether setting aside a default judgment was appropriate and that the payment into court was a crucial factor in this decision. The court concluded that the procedural fairness had been compromised and granted the application to set aside the default judgment on the condition that Okere paid the amount into court. The final orders included the setting aside of the default judgment and the reinstatement of the proceedings on the condition that Okere paid the amount into court.
Orders
Orders of the court
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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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