JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: SALDANHA -v- FUJITSU AUSTRALIA LTD [No 2] [2011] WASC 360
CORAM: CORBOY J
HEARD: 2 MAY 2011
DELIVERED : 22 DECEMBER 2011
FILE NO/S: CIV 1515 of 2010
BETWEEN: MARINA SALDANHA
Applicant
AND
FUJITSU AUSTRALIA LTD
Respondent
Catchwords:
Magistrates Court - Application for review order under s 36 of the Magistrates Court Act 2004 (WA) - Grounds for review - Whether arguable that decisions striking out minor case claim as an abuse of process and dismissing application to amend claim susceptible to review for jurisdictional error or non-jurisdictional error on the face of the record - Whether court might grant relief notwithstanding that the applicant had appealed the decision - Whether a party affected may appear on hearing of application for review order
Legislation:
Magistrates Court Act 2004 (WA), s 36
Magistrates Court (Civil Proceedings) Act 2004 (WA), pt 4
Rules of the Supreme Court 1971 (WA), O 56A
Result:
Review order made; order to be heard by a judge in chambers
Category: B
Representation:
Counsel:
Applicant: In person
Respondent: Ms F A Stanton
Solicitors:
Applicant: In person
Respondent: McCallum Donovan Sweeney
Case(s) referred to in judgment(s):
Cazaly Iron Pty Ltd v The Hon John Bowler MLA, Minister for Resources [2006] WASCA 282
Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 272 ALR 750
Defendi v Eden Hill Plasterers [2008] WASCA 269
D'Orta‑Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1
Kirk v Industrial Commission of New South Wales [2010] HCA 1; 239 CLR 531
Lee v St George Bank Ltd [2006] WASC 221
McKay v Commissioner of Police [2006] WASC 189
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
R v Carroll (2002) 213 CLR 635
Re Greg Cockram Magistrate of the Magistrates Court at Perth; Ex parte Miller [2009] WASC 350
Rogers v The Queen (1994) 181 CLR 251
Saldanha v Fujitsu Australia Ltd [2009] WASCA 119
Saldanha v Fujitsu Australia Ltd [2010] WADC 43
Saldanha v Fujitsu Australia Ltd [2010] WASC 105
Saldanha v Fujitsu Australia Pty Ltd [2008] WAIRC 01732
Snook v Lawrence [2007] WASC 111
Walton v Gardiner (1993) 177 CLR 378
Wise v Proprietors of Strata Plan 21513 [2009] WADC 115
CORBOY J:
The application and the result
Ms Saldanha has been in dispute with her former employer, Fujitsu Australia Pty Ltd, since about late 2007. The dispute concerns benefits that Ms Saldanha claims ought to have been paid under her contract of employment.
Ms Saldanha applied to the Western Australian Industrial Relations Commission (the WAIRC) in March 2008 for orders requiring payment of the claimed benefits. The Full Bench held that the Commission did not have jurisdiction to hear and determine the application: Saldanha v Fujitsu Australia Pty Ltd [2008] WAIRC 01732. An appeal from the decision was dismissed in June 2009 as being incompetent: Saldanha…
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- Case
- [2011] WASC 360
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the court could grant relief despite the plaintiff having already appealed the decision. Additionally, the court had to determine if a party affected by the decision could appear on the hearing of the application for a review order. The plaintiff argued that the court should review the decisions based on the errors identified, while the defendant, Fujitsu Australia Ltd, contended that the plaintiff's appeal should preclude further review.
The court considered the scope of review under section 36 of the Magistrates Court Act 2004 (WA) and the principles governing jurisdictional and non-jurisdictional errors. The court held that the plaintiff's appeal did not automatically bar the review application and that the plaintiff, as an affected party, had the right to appear on the hearing. The court found that the decisions to strike out the claim and dismiss the application to amend were subject to review for non-jurisdictional error on the face of the record, as they involved an evident mistake of law. The court granted the review order, finding that the decisions were indeed reviewable and that the plaintiff was entitled to seek relief.
Orders
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Background
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Evidence
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Decision
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