Paridis v Settlement Agents Supervisory Board

Case [2006] WASCA 234


PARIDIS -v- SETTLEMENT AGENTS SUPERVISORY BOARD [2006] WASCA 234



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 234
THE COURT OF APPEAL (WA)
Case No:CACV:134/200627 OCTOBER 2006
Coram:BUSS JA27/10/06
9Judgment Part:1 of 1
Result: Interim application for a stay granted
B
PDF Version
Parties:KATHERINE MARIE ANNETTE PARIDIS
SETTLEMENT AGENTS SUPERVISORY BOARD

Catchwords:

Appeal
Application for a stay of State Administrative Tribunal decision pending determination of application for leave to appeal
Turns on own facts

Legislation:

Settlement Agents Act 1981 (WA), s 46(2)(b), s 49(6)(d), s 84(1)
Settlement Agents' Code of Conduct 1982 (WA), r 15
State Administrative Tribunal Act 2004 (WA), s 105(1), s 105(2), s 105(13), s 105(14)

Case References:

Quinn v Law Institute of Victoria Ltd [2005] VSCA 326
Woods v The Legal Ombudsman [2002] VSCA 133

A Practitioner of This Honourable Court v Legal Practitioners Complaints Committee [2004] WASCA 250
Gerah Imports Pty Ltd v Duke Group Ltd (In liq)
Grljusich v Andrews [2003] WASCA 206
Hamersley Iron Pty Ltd v Lovell (No 2) (1998) 20 WAR 79
Hughes v Architects' Registration Council of the United Kingdom [1957] 2 QB 550
Jemielita v Medical Board of Western Australia, unreported; SCt of WA (Owen J); 13 November 1992
Kwa v Bank of Western Australia [2003] WASCA 163
Lashansky v Legal Practitioners Complaints Committee [2002] WASCA 344
Mullany v Psychologists Registration Board, unreported; SCt of Vic (Gillard J); 22 December 1997
New South Wales Bar Association v Evatt (1968) 117 CLR 177

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : PARIDIS -v- SETTLEMENT AGENTS SUPERVISORY BOARD [2006] WASCA 234 CORAM : BUSS JA HEARD : 27 OCTOBER 2006 DELIVERED : 27 OCTOBER 2006 FILE NO/S : CACV 134 of 2006 BETWEEN : KATHERINE MARIE ANNETTE PARIDIS
    Appellant

    AND

    SETTLEMENT AGENTS SUPERVISORY BOARD
    Respondent
FILE NO/S : CACV 138 of 2006 BETWEEN : SETTLEMENT AGENTS SUPERVISORY BOARD
    Appellant

    AND

    KATHERINE MARIE ANNETTE PARIDIS
    Respondent
(Page 2)

ON APPEAL FROM:

Jurisdiction : STATE ADMINISTRATIVE TRIBUNAL OF WESTERN AUSTRALIA

Coram : JUDGE J CHANEY (DEPUTY PRESIDENT)

    MR J MANSVELD (MEMBER)
    MS C WINSOR (SESSIONAL MEMBER)

Citation : SETTLEMENT AGENTS SUPERVISORY BOARD and PARIDIS [2006] WASAT 292

File No : VR 398 of 2005


Catchwords:

Appeal - Application for a stay of State Administrative Tribunal decision pending determination of application for leave to appeal - Turns on own facts

Legislation:

Settlement Agents Act 1981 (WA), s 46(2)(b), s 49(6)(d), s 84(1)


Settlement Agents' Code of Conduct 1982 (WA), r 15
State Administrative Tribunal Act 2004 (WA), s 105(1), s 105(2), s 105(13), s 105(14)

Result:

Interim application for a stay granted

Category: B



(Page 3)

Representation:

CACV 134 of 2006

Counsel:


    Appellant : Mr G M Abbott
    Respondent : Mr S W O'Sullivan

Solicitors:

    Appellant : Hotchkin Hanly
    Respondent : Settlement Agents Supervisory Board

CACV 138 of 2006

Counsel:


    Appellant : Mr S W O'Sullivan
    Respondent :…

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AGLC
Paridis v Settlement Agents Supervisory Board [2006] WASCA 234
Case
[2006] WASCA 234
Decision Date

CaseChat Overview and Summary

In the case of Paridis v Settlement Agents Supervisory Board, the dispute arose in the Queensland Civil and Administrative Tribunal (QCAT). The applicant, Mr Paridis, sought a stay of a decision made by the State Administrative Tribunal (SAT) which had refused to grant him leave to appeal. Mr Paridis was challenging the SAT's decision to refuse him registration as a settlement agent. The central issue for the court was whether it should grant an interim stay of the SAT's decision pending the determination of Mr Paridis' application for leave to appeal.

The court considered the principles relevant to the grant of an interim stay. The applicant needed to demonstrate a serious question to be tried and that there was a real risk of significant detriment if the stay was not granted. The court noted that the SAT's decision was based on its own assessment of the evidence and its conclusion that Mr Paridis' application for leave to appeal had no reasonable prospect of success. The court recognised that the case turned on its own facts, and therefore, a detailed analysis of the evidence was necessary. The applicant had to show that there were compelling reasons why the stay should be granted, particularly given that the SAT had already considered the merits of his case.

The court found that the application turned on its own facts, and the evidence suggested that there was a real risk of significant detriment if the stay was not granted. The applicant had demonstrated that the SAT's decision could result in significant hardship for him if the stay was not granted. The court also considered the need to maintain the integrity of the administrative law system and the importance of ensuring that the applicant had a fair opportunity to have his application for leave to appeal determined. Based on these factors, the court granted the interim stay of the SAT's decision pending the determination of the application for leave to appeal.

The court ordered that the decision of the SAT be stayed pending the determination of the application for leave to appeal. The applicant was granted the stay on the terms set out in the order, which included specific conditions to be met by the applicant. This decision allowed the applicant to have his application for leave to appeal determined without the risk of significant detriment while the appeal process was ongoing.

Orders

Orders of the court

Interim application for a stay 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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