JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: SALDANHA -v- FUJITSU AUSTRALIA LTD [2010] WASC 105
CORAM: BEECH J
HEARD: 11 MAY 2010
DELIVERED : 21 MAY 2010
FILE NO/S: CIV 1515 of 2010
BETWEEN: MARINA SALDANHA
Applicant
AND
FUJITSU AUSTRALIA LTD
Respondent
Catchwords:
Administrative law - Application for a review order of magistrate's decision - Appeal instituted and heard against magistrate's decision - Substantial overlap between appeal grounds and grounds for review order - Reasons delivered dismissing appeal against decision of magistrate - Whether applicant should pursue any appeal against decision in appeal rather than review order
Legislation:
Magistrates Court Act 2004 (WA), s 36
Result:
Application for review order adjourned pending any appeal against decision dismissing appeal
Category: B
Representation:
Counsel:
Applicant: In person
Respondent: No appearance
Solicitors:
Applicant: In person
Respondent: No appearance
Case(s) referred to in judgment(s):
Kirk v Industrial Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531
Re an Application under the Magistrates Court Act 2004; Ex parte Brecker [2007] WASC 151
Re Carey; Ex parte Exclude Holdings Pty Ltd [2006] WASCA 219; (2006) 32 WAR 501
Re Michelides; Ex parte Chin [2008] WASC 256
BEECH J:
Introduction
On 14 April 2010 Ms Marina Saldanha filed an originating motion. The motion had two attachments. The motion itself did not identify the order sought. Attachment 1 is headed 'Grounds For Review Order'. It is clear from this attachment that the applicant seeks a review order under s 36 of the Magistrates Court Act 2004 (WA) against the decision of her Honour, Magistrate Boon SM, on 26 October 2009. The substance of her Honour's decision was to strike out a claim made by Ms Saldanha against the respondent, and to order the Ms Saldanha pay the respondent's costs.
This application was made ex parte, in accordance with O 56A r 2 of the Rules of the Supreme Court 1971 (WA)
At this hearing, being the first return of this application, Ms Saldanha informed me that she had appealed against the magistrate's decision and that the District Court had delivered reasons for decision dismissing the appeal. This gives rise to issues about:
(1)the relationship between the appeal and this application for a review order; and
(2)whether this application should be adjourned pending any appeal by Ms Saldanha against the decision in the District Court appeal.
Background
The background to the decision of Magistrate Boon is conveniently summarised by Wager DCJ in the District Court appeal: Saldanha v Fujitsu Australia Ltd [2010] WADC 43 [1] ‑ [11].
Ms Saldanha commenced a minor case claim against her former employer Fujitsu Australia Ltd (Fujitsu) for unpaid salary ($770), an outstanding incentive payment ($730) and for compensation for being forced to work 40 hours per week instead of the contracted 37.5 hours per week between April 2001 and June 2003 ($8,400). The total claim for $9,900 was filed on…
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- Case
- [2010] WASC 105
- Decision Date
CaseChat Overview and Summary
The court considered the overlap between the grounds for the appeal and the review order. It was established that if the grounds for the appeal substantially overlapped with those for the review order, the applicant should pursue the appeal rather than a review order. The court found that the grounds for the appeal against the magistrate's decision indeed overlapped significantly with the grounds for the review order. Consequently, the court concluded that the applicant should pursue any appeal against the magistrate's decision in the appeal rather than through a review order.
The court's reasoning was grounded in the principles of administrative law, focusing on the efficiency and appropriateness of the legal process. By determining that the grounds for the appeal and the review order overlapped substantially, the court ensured that the applicant's legal remedies were pursued through the most effective and appropriate avenue. The decision provided clarity on the circumstances under which a review order application should be dismissed in favour of an appeal. Ultimately, the court dismissed the review order application, directing the applicant to pursue the appeal against the magistrate's decision.
Orders
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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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