Reynolds v Panten [No 2]

Link copied
Case Copied 37 min read

REYNOLDS -v- PANTEN [2000] WASCA 412



(2000) 23 WAR 238
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 412
THE FULL COURT (WA)
Case No:FUL:90/19996 & 7 APRIL 2000
Coram:KENNEDY J
WALLWORK J
MURRAY J
20/12/00
23Judgment Part:1 of 1
Result: Appeal dismissed
Order nisi for a writ of certiorari made absolute
PDF Version
Parties:KEVIN NOEL REYNOLDS
BRETT RUSSELL PANTEN

Catchwords:

Prerogative writs
Certiorari
Mandamus
Jurisdictional error
Justices
Jurisdiction
Preliminary hearing
Restriction on publication of evidence
Whether jurisdiction extends beyond time of committal

Legislation:

Justices Act 1902, s 101D

Case References:

ABC v Parrish (1980) 29 ALR 228
Ainsworth v Criminal Justice Commission (1991-1992) 175 CLR 564
Annetts v McCann (1990) 170 CLR 596
Barnett v "N2", unreported; SCt of WA; Library No 950461; 30 August 1995
Brennan v Williams (1951) 53 WALR 30
Brygel v Stewart-Thornton 1992] 2 VR 387
Coal & Allied Operations Pty Ltd v Australian Industrial Relations Committee (2000) 74 ALJR 1348
Craig v South Australia (1994-1995) 184 CLR 163
Dowding v Barrett, unreported SCt of WA; Library No 960352; 5 July 1996
Ex parte Cousens; Re Blacket (1946) 47 SR (NSW) 145
Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149
Ibbs v Commissioner of Police, unreported; SCt of WA; Library No 930657; 29 November 1993
Moles (1994) 77 A Crim R 360
Moularis v Nankervis [1985] VR 369
Penniel v Driffill [1980] WAR 30
Re Bromfield; Ex parte WA Newspapers Ltd (1991) 6 WAR 153
Re Robins SM; Ex parte WA Newspapers Ltd (1999) 20 WAR 511
WA Pines Pty Ltd v Hamilton [1980] WAR 29
Waterhouse v Gilmore (1988) 12 NSWLR 270

A v Hayden (1984) 156 CLR 532
Attorney General v Leveller Magazine Ltd [1979] AC 440
Attorney General v Wentworth (1988) 14 NSWLR 481
Bailey v Hinch [1989] VR 78
Baldwin & Francis Ltd v Patents Appeal Tribunal [1959] AC 663
Blake v Norris (1990) 20 NSWLR 300
Chambers v James Cook University (No 2) (1995) 61 IR 145
David Syme & Co v H, unreported; SCt of Vic (Beach J); 10 March 1995
Harkness v Bells Asbestos & Engineering Ltd [1967] 2 QB 729
Heather v Vita Pacific Ltd, unreported; FCt SCt of Tas; No FCA 61 of 1996; 23 December 1996
J v L & A Services Pty Ltd (No 2) [1995] 2 Qd R 10
John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131
Kelson v Forward (1995) 60 FCR 39
Kyle v Legal Practitioners' Complaints Committee [1999] WASCA 115
Parker v Taylor, unreported; FCt SCt of WA; Library No 930581; 29 October 1993
Pasdale v Concrete Constructions (1995) 131 ALR 268
R v Chief Registrar of Friendly Societies; ex parte New Cross Building Society [1984] QB 227
R v Craig (1989) 5 WAR 107
R v London County Council [1915] 2 KB 466
R v Medcalf; ex parte Conacher [1978] WAR 53
R…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Reynolds v Panten [No 2] and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2000] WASCA 412
Decision Date

CaseChat Overview and Summary

In Reynolds v Panten, the case came before the court concerning the jurisdiction of justices in relation to the issuance of prerogative writs such as certiorari and mandamus. The appellant, Reynolds, sought to challenge the jurisdiction of justices in matters relating to a restriction on the publication of evidence. The dispute arose following a preliminary hearing where certain evidence was restricted from publication. Reynolds argued that the justices' jurisdiction extended beyond the time of committal, which was when the restriction was imposed.

The primary legal issue before the court was whether the justices had the authority to issue prerogative writs to review decisions made after the time of committal, particularly in relation to restrictions on the publication of evidence. This involved determining the scope of the justices' jurisdiction and whether it could be exercised post-committal. The court had to consider the nature of the power of the justices and whether it included the ability to review actions taken after the committal proceedings.

The court found that the justices' jurisdiction was limited to the time of committal and did not extend to actions taken thereafter. The justices did not have the authority to review restrictions on the publication of evidence imposed after the committal. The court reasoned that the powers of the justices were confined to the time of committal and did not include the ability to review subsequent actions. Consequently, the appeal was dismissed, and the order nisi for a writ of certiorari was made absolute.

Orders

Orders of the court

Appeal dismissed

Order nisi for a writ of certiorari made absolute

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.