RE BURTON; EX PARTE LOWE & ANOR [2003] WASCA 306
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 306 | |
| THE FULL COURT (WA) | |||
| Case No: | CIV:2405/2002 | 20 JUNE 2003 | |
| Coram: | MURRAY J ROBERTS-SMITH J BARKER J | 11/12/03 | |
| 20 | Judgment Part: | 1 of 1 | |
| Result: | Order nisi discharged | ||
| B | |||
| PDF Version |
| Parties: | MICHAEL LOWE LILI LOWE |
Catchwords: | Administrative law Certiorari Natural justice The "hearing rule" Residential Tenancies Act 1987 (WA), s 26 Whether there occurred a "denial of natural justice" in hearing before Magistrate in Small Debts Division of Local Court Turns on own facts |
Legislation: | Residential Tenancies Act 1987 (WA), s 12, s 20(a), s 21, s 22, s 23, s 26, s 61(a) Local Courts Act 1904 (WA), s 106I, s 106L, s 106N, s 106Q Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1)(h), s 5(3), s 6(1)(h), s 6(3) |
Case References: | Alvaro v Fraser & Downsborough Designers Pty Ltd (1990) 20 ALD 762 Canellis v Slattery (1994) 33 NSWLR 104 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Errington v Burton [2003] WASC 195 Hall v University of New South Wales [2003] NSWSC 669 Kioa v West (1985) 159 CLR 550 R v Small Claims Tribunal; Ex parte Amos [1978] Qd R 127 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 201 ALR 327; [2003] HCA 56 Cooper v Wandsworth Board of Works (1863) 14 CBNS 180 FAI Insurances Ltd v Winneke (1982) 151 CLR 342 Heatley v Tasmanian Racing & Gaming Commission (1977) 137 CLR 487 Ridge v Baldwin [1964] AC 40 Salemi v MacKellar (No 2) (1977) 137 CLR 396 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : RE BURTON; EX PARTE LOWE & ANOR [2003] WASCA 306 CORAM : MURRAY J
- ROBERTS-SMITH J
BARKER J
MICHAEL LOWE
LILI LOWE
Applicants
Catchwords:
Administrative law - Certiorari - Natural justice - The "hearing rule" - Residential Tenancies Act 1987 (WA), s 26 - Whether there occurred a "denial of natural justice" in hearing before Magistrate in Small Debts Division of Local Court - Turns on own facts
(Page 2)
Legislation:
Residential Tenancies Act 1987 (WA), s 12, s 20(a), s 21, s 22, s 23, s 26, s 61(a)
Local Courts Act 1904 (WA), s 106I, s 106L, s 106N, s 106Q
Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1)(h), s 5(3), s 6(1)(h), s 6(3)
Result:
Order nisi discharged
Category: B
Representation:
Counsel:
Applicants : Mr W G Vogt
Solicitors:
Applicants : Eley Palmer
Case(s) referred to in judgment(s):
Alvaro v Fraser & Downsborough Designers Pty Ltd (1990) 20 ALD 762
Canellis…
Continue reading Re Burton; Ex parte Lowe
Sign in free to access the full text
Details
- AGLC
- Re Burton; Ex parte Lowe [2003] WASCA 306
- Case
- [2003] WASCA 306
- Decision Date
CaseChat Overview and Summary
The case of Re Burton; Ex parte Lowe involved a dispute where Lowe sought to overturn a decision made by a Magistrate in the Small Debts Division of the Local Court. The dispute stemmed from proceedings under the Residential Tenancies Act 1987 (WA), where Lowe was challenging the fairness of the hearing that had occurred before the Magistrate. The key issue for the court was whether the "hearing rule" of natural justice had been breached in the course of the proceedings, leading to an unfair hearing.
The legal issue before the court was whether the proceedings before the Magistrate constituted a denial of natural justice. This centred on the interpretation of the "hearing rule", which mandates that a party must have an opportunity to present their case fairly before any decision is made. The court needed to determine whether the process followed in the Local Court adhered to this fundamental principle of fairness. Specifically, it was a question of whether the procedural fairness afforded to Lowe was adequate under the circumstances.
The court found that the determination of whether natural justice had been denied turned on the specific facts of the case. It was noted that the application for certiorari was inherently fact-specific, and thus, the outcome depended on the particular details and context of the hearing in question. The court held that it would not interfere with the decision of the Magistrate unless it was satisfied that there had been a clear and substantial denial of natural justice. Ultimately, the court concluded that there was no such denial in this instance, and thus the order nisi was discharged.
The legal issue before the court was whether the proceedings before the Magistrate constituted a denial of natural justice. This centred on the interpretation of the "hearing rule", which mandates that a party must have an opportunity to present their case fairly before any decision is made. The court needed to determine whether the process followed in the Local Court adhered to this fundamental principle of fairness. Specifically, it was a question of whether the procedural fairness afforded to Lowe was adequate under the circumstances.
The court found that the determination of whether natural justice had been denied turned on the specific facts of the case. It was noted that the application for certiorari was inherently fact-specific, and thus, the outcome depended on the particular details and context of the hearing in question. The court held that it would not interfere with the decision of the Magistrate unless it was satisfied that there had been a clear and substantial denial of natural justice. Ultimately, the court concluded that there was no such denial in this instance, and thus the order nisi was discharged.
Orders
Orders of the court
Order nisi discharged
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.