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Re Potter; Ex parte Coppin

Re Potter; Ex parte Coppin

Case [2013] WASC 462 19 December 2013

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Natural Justice & Procedural Fairness

Unjust Enrichment

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Administrative Law

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RE POTTER; EX PARTE COPPIN [2013] WASC 462

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2013] WASC 462
Case No:	CIV:2798/2013	Heard:	16 DECEMBER 2013
Coram:	BEECH J	Delivered:	19/12/13
No of pages:	14	Judgment Part:	1 of 1
Result:	Application for review order dismissed
Category:	B
PDF Version

Parties:	SHARON COPPIN DEAN POTTER
Catchwords:	Magistrates Application for review order Natural justice Residential Tenancies Act 1987 (WA) Application dismissed by magistrate in unexplained absence of applicant Whether arguable breach of natural justice
Legislation:	Magistrates Court Act 2004 (WA), s 36 Residential Tenancies Act 1987 (WA), s 17, s 20, s 26
Case References:	Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Cameron v Cole (1944) 68 CLR 571 Civil Aviation Safety Authority v Ovens [2011] FCAFC 75; (2011) 278 ALR 418 Ex parte Bone; Robins and the Shire of Greenough [1990] WAR 94 Kioa v West (1985) 159 CLR 550 Lashansky v Legal Practitioners Complaints Committee [2005] WASCA 217 Miller v McCormick [No 2] [2012] WASC 347 Opitz v Repatriation Commission (1991) 29 FCR 50 R v County of London Quarter Sessions Appeal Committee; Ex parte Rossi [1956] 1 All ER 670 Rayney v AW [2009] WASCA 203 Re Cockram; Ex parte Miller [2009] WASC 350 Saldanha v Fujitsu Australia Ltd [No 2] [2011] WASC 360 Seddon v Medical Assessment Panel [2011] WASC 237 Sullivan v Department of Transport [1978] 1 ALD 383 Taylor v Taylor (1979) 143 CLR 1 Wiseman v Wiseman [1953] P 79 Woolworths Ltd v The Commissioner of Police [2013] WASC 413

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : RE POTTER; EX PARTE COPPIN [2013] WASC 462 CORAM : BEECH J HEARD : 16 DECEMBER 2013 DELIVERED : 19 DECEMBER 2013 FILE NO/S : CIV 2798 of 2013 EX PARTE

SHARON COPPIN

Applicant

AND

DEAN POTTER

Respondent

Catchwords:

Magistrates - Application for review order - Natural justice - Residential Tenancies Act 1987 (WA) - Application dismissed by magistrate in unexplained absence of applicant - Whether arguable breach of natural justice

Legislation:

Magistrates Court Act 2004 (WA), s 36

Residential Tenancies Act 1987 (WA), s 17, s 20, s 26

Result:

Application for review order dismissed

Category: B

Representation:

Counsel:

Applicant : Ms M L Billeam

Respondent : No appearance

Department of Housing and Works : Mr D H Solomon

Solicitors:

Applicant : Pilbara Community Legal Service

Respondent : No appearance

Department of Housing and Works : Solomon Brothers

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

Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88
Cameron v Cole (1944) 68 CLR 571
Civil Aviation Safety Authority v Ovens [2011] FCAFC 75; (2011) 278 ALR 418
Ex parte Bone; Robins and the Shire of Greenough [1990] WAR 94
Kioa v West (1985) 159 CLR 550
Lashansky v Legal Practitioners Complaints Committee [2005] WASCA 217
Miller v McCormick [No 2] [2012] WASC 347
Opitz v Repatriation Commission…

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.

Continue reading Re Potter; Ex parte Coppin

Details

AGLC: Re Potter; Ex parte Coppin [2013] WASC 462
Case: [2013] WASC 462
Decision Date

CaseChat Overview and Summary

The Supreme Court was asked to determine whether the application of Sharon Coppin to set aside an eviction order made in the Magistrates Court was dismissed in a way that breached natural justice. The court had to decide whether the dismissal of the application in the absence of the applicant, who was late due to a misunderstanding of the hearing time, constituted a breach of natural justice. Beech J concluded that it was not arguable that the dismissal of the application breached natural justice. The Residential Tenancies Act 1987 provided the statutory context and required a fair but not necessarily formal hearing. The court had power to proceed in the absence of a party and the applicant had the right to apply to set aside the order within 14 days. The potential prejudice to the applicant, and potential consequential injustice from proceeding in the applicant’s absence, were limited by the right to apply to set aside the order. In the absence of any evidence that the court knew of any circumstances that might explain the applicant’s absence, natural justice did not require the court to adjourn the hearing. The court dismissed the application for a review order.

Orders