Rankilor v Circuit Travel Pty Ltd - [2011] WADC 230

RANKILOR -v- CIRCUIT TRAVEL PTY LTD [2011] WADC 230

Last Update: 28/12/2011

RANKILOR -v- CIRCUIT TRAVEL PTY LTD [2011] WADC 230
Pending Appeal	Link to Appeal:
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2011] WADC 230
Case No:	APP:56/2011	Heard:	14 DECEMBER 2011
Coram:	DAVIS DCJ	Delivered:	22/12/2011
Location:	PERTH	Supplementary Decision:
No of Pages:	17	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: PE 2978 of 2009
Parties:	WENDY RANKILOR CIRCUIT TRAVEL PTY LTD
Catchwords:	Civil Appeal from Magistrates Court Minor case claim Allegation of denial of natural justice
Legislation:	Magistrates Court (Civil Proceedings) Act 2004, s 27, s 29, s 30, s 32, s 40
Case References:	Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 258 ALR 14 Cameron v Cole (1944) 68 CLR 571 Insight Vacations Pty Ltd v Young [2010] NSWCA 137 Kioa v West (1985) 159 CLR 550 Lowry v Elliott [2009] WADC 193 R v Small Claims Tribunal; Ex parte Amos [1978] Qd R 127 Rankilor v Circuit Travel Pty Ltd [2010] WADC 170 Re Burton; Ex parte Lowe [2003] WASCA 306 Tobin v Dodd [2004] WASCA 288

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : RANKILOR -v- CIRCUIT TRAVEL PTY LTD [2011] WADC 230 CORAM : DAVIS DCJ HEARD : 14 DECEMBER 2011 DELIVERED : 22 DECEMBER 2011 FILE NO/S : APP 56 of 2011 BETWEEN : WENDY RANKILOR

Appellant

AND

CIRCUIT TRAVEL PTY LTD

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE BROMFIELD

File No : PE 2978 of 2009

Catchwords:

Civil - Appeal from Magistrates Court - Minor case claim - Allegation of denial of natural justice

(Page 2)

Legislation:

Magistrates Court (Civil Proceedings) Act 2004, s 27, s 29, s 30, s 32, s 40

Result:

Appeal dismissed

Representation:

Counsel:

Appellant : In person

Respondent : Mr D G Price

Solicitors:

Appellant : Not applicable

Respondent : D G Price & Co

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

Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 258 ALR 14
Cameron v Cole (1944) 68 CLR 571
Insight Vacations Pty Ltd v Young [2010] NSWCA 137
Kioa v West (1985) 159 CLR 550
Lowry v Elliott [2009] WADC 193
R v Small Claims Tribunal; Ex parte Amos [1978] Qd R 127
Rankilor v Circuit Travel Pty Ltd [2010] WADC 170
Re Burton; Ex parte Lowe [2003] WASCA 306
Tobin v Dodd [2004] WASCA 288

(Page 3)

1 DAVIS DCJ: The appellant, Ms Rankilor, has appealed from a decision of his Honour Magistrate Bromfield made on 12 July 2011 when he dismissed her claim against the respondent, Circuit Travel Pty Ltd.

2 Ms Rankilor's claim against Circuit Travel was a minor case claim in the civil jurisdiction of the Magistrates Court. She claimed…

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: [2011] WADC 230
Decision Date: 22 DECEMBER 2011

CaseChat Overview and Summary

Rankilor brought an appeal against Circuit Travel Pty Ltd, challenging a decision by the Magistrates Court. The underlying dispute arose from an allegation that the respondent had failed to provide the appellant with an opportunity to be heard, thereby denying them natural justice. The appeal was heard in the Court of Appeal, which was tasked with determining whether the Magistrates Court had erred in its handling of the matter.

The key legal issue before the Court of Appeal was whether the Magistrates Court had correctly applied the principles of natural justice in the proceedings. Specifically, the court needed to decide if the appellant was given a fair opportunity to present their case and respond to the allegations made by the respondent. This involved examining the procedural fairness provided to the appellant and assessing whether any procedural errors were made that could have impacted the fairness of the proceedings.

The Court of Appeal examined the procedures followed by the Magistrates Court and concluded that there had been no breach of natural justice. The court found that the appellant had been given an adequate opportunity to present their case, and all procedural requirements were properly adhered to. As a result, the appeal was dismissed, and the decision of the Magistrates Court was upheld.

Orders

Orders of the court

Appeal dismissed

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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