Reynolds v Panten

Case [1999] WASCA 89


REYNOLDS -v- PANTEN & ANOR [1999] WASCA 89



(1999) 23 WAR 215
SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 89
Case No:SJA:1192/199815 FEBRUARY & 28 APRIL 1999
Coram:STEYTLER J2/07/99
33Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:KEVIN NOEL REYNOLDS
BRETT RUSSELL PANTEN
WEST AUSTRALIAN NEWSPAPERS LTD

Catchwords:

Appeal
Magistrates
Single judge appeal under Justices Act 1902
Decision by Magistrate not to express opinion under s 101D of the Act
Whether appealable under s 184 of the Act
Whether there was a "final determination of a proceeding" for the purposes of the definition of "decision" in s 4 of the Act
Whether issue decided by grant of leave to appeal
s 101D, s 184 and s 4 of Justices Act 1902
Courts and Judges
Administration of justice
Open system of justice
Freedom to report committal proceedings
Circumstances in which court may restrict freedom
Words and phrases
"decision"
"proceeding"

Legislation:

Justices Act 1902, s 4, s 101D, s 184

Case References:

Attorney General v Wentworth (1988) 14 NSWLR 481
Barnett v N2, unreported; SCt of WA; Library No 950461; 30 August 1995
Blake v Norris (1990) 20 NSWLR 300
Brennan v Williams (1951) 53 WALR 30
David Syme & Co Ltd v Hill, unreported; SCt of Victoria; No 4726 of 1995; 10 March 1995
Dowding v Barrett, unreported; SCt of WA; Library No 960352; 5 July 1996
Re Robins
Grassby v The Queen (1989) 168 CLR 1
Harkness v Bell's Asbestos and Engineering Ltd [1967] 2 QB 729
Harman v Secretary of State for the Home Department [1983] 1 AC 280
Ibbs v Commissioner of Police, unreported; SCt of WA; Library No 930657; 29 November 1993
J v L & A Services Pty Ltd (No 2) [1995] 2 Qd R 10
John Fairfax & Sons Ltd v Police Tribunal of NSW (1985) 5 NSWLR 465
John Fairfax Group v Local Court of NSW (1991) 26 NSWLR 131
Kelson v Forward (1995) 60 FCR 39
Kimber v The Press Association [1893] 1 QB 65
Lewis v Levy (1858) El Bl and El 537
Mirror Newspapers Limited v Waller (1985) 1 NSWLR 1
Moularas v Nankervis [1985] VR 369
Pasdale Pty Ltd v Concrete Constructions (1985) 131 ALR 268
R v Chief Registrar of Friendly Societies, Ex parte New Cross Building Society [1984] 1 QB 227
R v Craig (1989) 5 WAR 107
R v Gray (1865) 10 Cox C.C. 184
R v Horsham Justices; Ex parte Farquharson [1982] 1 QB 762
R v The Evening News; ex parte Hobbs [1925] 2 KB 158
Re Bromfield; Ex parte WA Newspapers Ltd (1991) 6 WAR 153
Re Vernazza [1960] 1 QB 197
Russell v Russell (1976) 134 CLR 495
TK v Australian Red Cross Society (1989) 1 WAR 335
WA Pines Pty Ltd v Hamilton [1980] WAR 29

A & Ors v Hayden (1984) 156 CLR 532
Ainsworth & Anor v Criminal Justice Commission (1992) 106…

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Details
AGLC
Reynolds v Panten [1999] WASCA 89
Case
[1999] WASCA 89
Decision Date

CaseChat Overview and Summary

The matter of Reynolds v Panten involved an appeal by the plaintiff, Reynolds, against a decision made by a magistrate not to express an opinion under section 101D of the Justices Act 1902. The case was heard and determined by a single judge in the appellate court. The primary issue for the court was whether the decision of the magistrate not to express an opinion constituted a "final determination of a proceeding" for the purposes of the definition of "decision" in section 4 of the Act, and if such a decision was appealable under section 184 of the Act. Additionally, the court had to consider whether the issue had already been resolved by the grant of leave to appeal.

The court examined the relevant provisions of the Justices Act 1902 and found that the magistrate's decision not to express an opinion did not constitute a "final determination of a proceeding". It held that for a decision to be appealable under section 184, it must be a final decision on the merits of the proceeding. The court concluded that the magistrate's decision not to express an opinion was not a final determination of the proceeding, and therefore, not appealable under section 184. The court further found that the issue of whether the magistrate's decision constituted a final determination of a proceeding was not decided by the grant of leave to appeal.

Consequently, the appeal was dismissed. The court emphasised the importance of distinguishing between a decision that concludes the merits of a proceeding and one that does not, in determining the appealability of a decision under the Justices Act 1902. The court also highlighted the open system of justice in Australia and the importance of freedom to report committal proceedings, while noting that there may be circumstances in which the court may restrict this freedom.

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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