RYAN -v- MANOR HOME BUILDERS PTY LTD [2016] WADC 62

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2016] WADC 62
Case No:	APP:79/2015	Heard:	4 MAY 2016
Coram:	BOWDEN DCJ	Delivered:	6/05/16
Location:	PERTH
No of pages:	15	Judgment Part:	1 of 1
Result:	Appeal dismissed
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Parties:	ROD RYAN KAY RYAN MANOR HOME BUILDERS PTY LTD
Catchwords:	Appeal from magistrate dismissing an application to remove a matter off the inactive case list Application made within six months of matter being placed on that list Heard after the expiry of the six-month period Rule 95F(1) of the Magistrates Court (Civil Proceedings) Rules 2005 Section 16(1)(a) and s 16(1)(b) of the Magistrates Court (Civil Proceedings) Act 2004 Court has no power to hear application after matter is dismissed
Legislation:	Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court (Civil Proceedings) Rules 2005
Case References:	Allesch v Maunz [2000] HCA 40 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 FAI General Insurance Co Ltd v Southerncross Exploration NL [1988] HCA 13 FAI General Insurance Company Limited v Southern Cross Exploration NL (1988) 165 CLR 268 Hall v Hall [2011] WASC 110 Hunter Resources Ltd v Melville (1988) 164 CLR 234 Mammoth Nominees Pty Ltd v Greg Rowe Pty Ltd [2016] WASC 33 Rowe v Stoltze [2013] WASCA 92; (2011 - 2013) 45 WAR 116 The State of Queensland v JL Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : RYAN -v- MANOR HOME BUILDERS PTY LTD [2016] WADC 62 CORAM : BOWDEN DCJ HEARD : 4 MAY 2016 DELIVERED : 6 MAY 2016 FILE NO/S : APP 79 of 2015 BETWEEN : ROD RYAN

KAY RYAN

Appellants

AND

MANOR HOME BUILDERS PTY LTD

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE COCKRAM

File No : PE GCLM 12370 of 2010

Catchwords:

Appeal from magistrate dismissing an application to remove a matter off the inactive case list - Application made within six months of matter being placed on that list - Heard after the expiry of the six-month period - Rule 95F(1) of the Magistrates Court (Civil Proceedings) Rules 2005 - Section 16(1)(a) and s 16(1)(b) of the Magistrates Court (Civil Proceedings) Act 2004 - Court has no power to hear application after matter is dismissed

Legislation:

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings) Rules 2005

Result:

Appeal dismissed

Representation:

Counsel:

Appellants : Mr D R Clyne

Respondent : Mr R Guerrini

Solicitors:

Appellants : SRB Legal

Respondent : Lawley Legal

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

Allesch v Maunz [2000] HCA 40
Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175
FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13; (1988) 165 CLR 268
Hall v Hall [2011] WASC 110
Hunter Resources Ltd v…

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 Ryan v Manor Home Builders Pty Ltd

Details

AGLC: Ryan v Manor Home Builders Pty Ltd [2016] WADC 62
Case: [2016] WADC 62
Decision Date: 6 MAY 2016

CaseChat Overview and Summary

In the case of Ryan v Manor Home Builders Pty Ltd, the applicant sought to have a matter removed from the inactive case list of the Magistrates Court. The application was filed within the six-month period stipulated under the relevant rules, but the hearing occurred after this period had elapsed. The respondent argued that the application was time-barred and should be dismissed.

The primary legal issue before the court was whether the application was validly made after the expiration of the six-month period. The court had to determine if it had the power to hear and decide the application under section 16(1)(a) and (b) of the Magistrates Court (Civil Proceedings) Act 2004, and rule 95F(1) of the Magistrates Court (Civil Proceedings) Rules 2005. The court needed to consider the procedural requirements for such applications and the consequences of the matter being dismissed.

The court found that once the matter was dismissed, it no longer had the power to hear the application to remove the matter from the inactive list. It held that the time limit for making such an application was a mandatory and jurisdictional requirement. Since the application was heard outside the six-month period, the court had no authority to consider it. Consequently, the appeal was dismissed.

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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