Re Burton; Ex parte Lowe

Case [2003] WASCA 306


RE BURTON; EX PARTE LOWE & ANOR [2003] WASCA 306



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 306
THE FULL COURT (WA)
Case No:CIV:2405/200220 JUNE 2003
Coram:MURRAY J
ROBERTS-SMITH J
BARKER J
11/12/03
20Judgment 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
HEARD : 20 JUNE 2003 DELIVERED : 11 DECEMBER 2003 FILE NO/S : CIV 2405 of 2002 MATTER : Application for a Writ of Certiorari against MAGISTRATE BURTON of the SMALL DISPUTES DIVISION of the LOCAL COURT held at JOONDALUP EX PARTE

    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…

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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.

Orders

Orders of the court

Order nisi discharged

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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