Pearce & Anor and Germain

Case [2006] WASAT 305


PEARCE & ANOR and GERMAIN [2006] WASAT 305



STATE ADMINISTRATIVE TRIBUNALCitation No:[2006] WASAT 305
COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 (WA)
Case No:CC:3592/200514 AUGUST 2006
WRITTEN SUBMISSIONS RECEIVED 31 AUGUST 2006 AND 14 SEPTEMBER 2006
Coram:HON R VIOL (SUPPLEMENTARY DEPUTY PRESIDENT)6/10/06
31Judgment Part:1 of 1
Result: Held that the State Administrative Tribunal does not have jurisdiction to grant
relief against forfeiture and has jurisdiction to grant equitable relief only
as found in State Administrative Tribunal Act 2004 (WA) and enabling Acts.
B
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Parties:MURRAY GRAHAM PEARCE
MARGARET EVA PEARCE
TERRANCE ANTHONY GERMAIN

Catchwords:

Landlord and tenant
Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA)
Whether Tribunal has jurisdiction to grant equitable relief and in particular relief against forfeiture

Legislation:

Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA), s 16, s 16(1)(b), s 16(2), s 26, s 27(3)
Commercial Tribunal Act 1984 (WA)
District Court of Western Australia Act 1969 (WA), s 55
Property Law Act 1969 (WA), s 7, s 81, s 81(2)
State Administrative Tribunal Act 2004 (WA), s 8, pt 3, s 13, s 13(2), s 14, s 15, s 16, s 16(1), s 26(1)(b), s 44(3), s 44(4), s 90, s 91
Supreme Court Act 1935 (WA), s 16.1(d)

Case References:

Bilek and Vata Investments Pty Ltd [2005] WASAT 39
Bykowski and Tebron Pty Ltd [2005] WASAT 178
Commodore Homes (WA) Pty Ltd v Standley [2001] WADC 89Yeates
Daw-Win Pty Ltd v Tagliaterri (1986) ANZ Court v R 875
Global Doctor Ltd v Hodgkinson & Anor [2003] WASC 119
Jam Factory Pty Ltd v Sunny Paradise Pty Ltd [1989] VR 584
Legione v Hately (1982) 152 CLR 406
Mapen Pty Ltd and Aspen (Septimus Roe) Pty Ltd [2005] WASAT 136
Mavromatidis v Dundon (1997) 18 WAR 298
Minister for Lands and Forests v McPherson [1990] 22 NSW LR 687
Stern v McArthur (1987) 165 CLR 489
Taylor Forms (Aust) Pty Ltd v A Calkos Pty Ltd [1999] NSW SC 186

Commercial Developments Pty Ltd v Merchantile Mutual Insurance (Workers Compensation) Ltd (1991) (5WAR 208 at 217, 221)
Edgar Enterprises and Minister for Transport [2005] WASAT 260
Minister for Transport and Edgar Enterprises [2006] WASC 27

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : COMMERCIAL & CIVIL ACT : COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 (WA) CITATION : PEARCE & ANOR and GERMAIN [2006] WASAT 305 MEMBER : HON R VIOL (SUPPLEMENTARY DEPUTY PRESIDENT) HEARD : 14 AUGUST 2006
    WRITTEN SUBMISSIONS RECEIVED 31 AUGUST 2006 AND 14 SEPTEMBER 2006
DELIVERED : 6 OCTOBER 2006 FILE NO/S : CC 3592 of 2005 BETWEEN : MURRAY GRAHAM PEARCE
    MARGARET EVA PEARCE
    Applicants

    AND

    TERRANCE ANTHONY GERMAIN
    Respondent
FILE NO/S : CC 3714 of 2005 BETWEEN : TERRANCE ANTHONY GERMAIN
    Applicant

    AND

    MURRAY GRAHAM PEARCE
    MARGARET EVA PEARCE
    Respondents

(Page 2)

Catchwords:

Landlord and tenant - Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA) - Whether Tribunal has jurisdiction to…

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AGLC
Pearce & Anor and Germain [2006] WASAT 305
Case
[2006] WASAT 305
Decision Date

CaseChat Overview and Summary

In the case of Pearce & Anor and Germain, the dispute arose between the respondents, who were landlords, and the appellants, who were tenants of commercial retail shops. The matter was heard in the Supreme Court of Western Australia. The landlords sought to forfeit the lease of the tenants due to alleged breaches of the lease agreement, and the tenants, in turn, contested the landlords' claim and sought relief from the State Administrative Tribunal (SAT).

The central legal issue before the court was whether the SAT had the jurisdiction to grant relief against forfeiture and, if so, to what extent. The tenants argued that the SAT had the authority to grant equitable relief, which would include relief against forfeiture. The landlords contended that the SAT's jurisdiction was limited to the relief specified in the State Administrative Tribunal Act 2004 (WA) and any enabling Acts.

The court held that the SAT does not possess the jurisdiction to grant relief against forfeiture. The court reasoned that the Tribunal's powers were strictly defined by statute and did not extend to granting equitable relief in the context of forfeiture. The court found that the SAT's jurisdiction to grant equitable relief was limited to what was expressly provided for in the State Administrative Tribunal Act 2004 (WA) and any other relevant enabling Acts. Consequently, the court determined that the SAT could not intervene in matters of forfeiture beyond what was explicitly outlined in the applicable legislation.

The Supreme Court of Western Australia ruled that the SAT did not have the jurisdiction to grant relief against forfeiture. The court's decision clarified the scope of the SAT's powers and confirmed that any relief sought in relation to forfeiture must comply with the statutory framework. This ruling ensures that the SAT's jurisdiction is exercised within the bounds set by the legislature, preventing any overreach into areas not explicitly authorised by law.

Orders

Orders of the court

Held that the State Administrative Tribunal does not have jurisdiction to grant

relief against forfeiture and has jurisdiction to grant equitable relief only

as found in State Administrative Tribunal Act 2004 (WA) and enabling Acts.

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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