JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: SEYMOUR -v- JAEGER [No 2] [2020] WADC 15
CORAM: PRIOR DCJ
HEARD: 4 SEPTEMBER 2019
DELIVERED : 11 FEBRUARY 2020
FILE NO/S: APP 59 of 2018
BETWEEN: MICHAEL THOMAS SEYMOUR
Appellant
AND
RUTH ELIZABETH JAEGER
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE MAHON
File Number : PER GCLM 3966 2017
Catchwords:
Appeal - Magistrates Court - Application to strike out defendant's defence and enter judgment for the plaintiff - Application for leave to file a counterclaim - Application by defendant for security for costs - Turns on own facts
Legislation:
Corporations Act 2001 (Cth)
District Court Rules 2005 (WA)
Legal Profession Act 2008 (WA)
Magistrates Court (Civil Proceedings) Act 2004 (WA)
Magistrates Court (Civil Proceedings) Rules 2005 (WA)
Magistrates Court Act 2004 (WA)
Rules of the Supreme Court 1971 (WA)
Service and Execution of Process Act 1992 (Cth)
Result:
Appeal dismissed
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | No appearance |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | Not applicable |
Case(s) referred to in decision(s):
Alfaro v Brokesova [2013] WASCA 38
Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Avsar v Binning [2009] WASCA 219
Blair v Curran (1939) 62 CLR 464
Bryan E Fencott and Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194
Coxon v Wilson [2016] WASCA 48
Crawley Investments Pty Ltd v Noble Group Ltd [No 2] [2015] WASC 16
Dare v Pulham [1982] HCA 70; 148 CLR 658
Dodds v Kennedy [2011] WASCA 32
Fazio v The City of Melville [No 2] [2013] WADC 147
Field Camp Services Pty Ltd v Site Accommodation Pty Ltd [2011] WASCA 118
Four Vanguard Services E Navagacao Lda v ENI Australia Ltd [2014] WASC 473
Googe v Spoljaric [2017] WADC 99
Hitchcock v Goldspan Investments Pty Ltd [No 3] [2015] WASC 277
House v The King [1936] HCA 40; (1936) 55 CLR 499
Jaddcal Pty Ltd v Minson [No 2] [2011] WASC 138
Jones v Darkan Hotel [2014] WASCA 133
Kimberley Downs Pty Ltd v The State of Western Australia (Unreported, WASC, Library No 6414, 25 August 1986)
Kuligowski v Metrobus [2004] HCA 34; (2004) 220 CLR 363
Manonai v Burns [2011] WASCA 165
Mickelberg v 6PR Southern Cross Radio Pty Ltd [2002] WASCA 270
Morton Seed and Grain Pty Ltd v Corser and Corser [2006] WADC 90; (2006) 43 SR (WA) 182
Norbis v Norbis (1986) 161 CLR 513
Pettit v Evolution Mining Ltd [No 2] [2017] WADC 68
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
Seymour v Jaegar [2019] WASCA 19
Seymour v Jaeger [2017] NSWSC 25
Titelius v Crowe [2017] WADC 116
Velez Pty Ltd v Tudor [2011] WASCA 218
Waite v Hennah [2019] WASC 468
Westonia Earthmoving Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd [2013]…
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- AGLC
- Seymour v Jaeger [No 2] [2020] WADC 15
- Case
- [2020] WADC 15
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the magistrate's reasons for his decision were adequate, whether the magistrate had erred in law in relation to the defence of illegality, and whether the doctrine of issue estoppel applied. The court examined whether the magistrate's reasons were sufficient to identify the facts accepted and the law applied in reaching the decision, and whether the magistrate had correctly assessed the defence of illegality. The court also considered whether the doctrine of issue estoppel precluded Mr Seymour from raising certain arguments.
The court held that the magistrate's reasons were adequate, as they identified the facts accepted and the law applied, and allowed Mr Seymour to ascertain the basis for the decision and determine whether he had grounds of appeal. The court found that the magistrate's assessment of the defence of illegality was sufficient for the application before him, as the issue of illegality involved factual matters to be determined at trial. The court further held that the doctrine of issue estoppel applied, precluding Mr Seymour from contending to the contrary of what had been put in issue and found against him in a prior judgment. Consequently, the court dismissed Mr Seymour's grounds of appeal.
The court dismissed Mr Seymour's appeal and affirmed the magistrate's decision. The orders of the Magistrates Court were upheld, and Mr Seymour was not granted the relief he sought. The court found that Mr Seymour had not demonstrated any legal, factual, or discretionary error on the part of the magistrate, and therefore, the appeal was without merit.
Orders
Orders of the court
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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
Ratio Decidendi
Legal Principle Established
Mr Seymour must demonstrate and satisfy me that there was some legal, factual, or discretionary error on the part of the magistrate: Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission.[8] If such an error has been made, I can substitute my decision for that of the magistrate. If no error is shown, I cannot intervene: Allesch v Maunz.[9][8] Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194, 203.[9] Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 [23]. The fact that Mr Seymour is disappointed with the result does not mean that the appeal court is able to intervene. Mr Seymour must demonstrate that there has been error of a recognised genre that falls to be corrected and which entitles Mr Seymour to the orders or relief that he seeks: Avsar v Binning.[10][10] Avsar v Binning [2009] WASCA 219 [37]. So far as a discretionary error is concerned, the well-known principles enunciated in House v The King[11] are applicable. Before the magistrate's discretion should be reviewed, it must appear that some error has been made in exercising the discretion, such as acting on a wrong principle, allowing extraneous or irrelevant matters to guide or affect him, mistaking the facts or failing to take into account some material consideration. Alternatively, if it appears upon the facts that it is unreasonable or plainly unjust, the appellate court may infer that in some way there has been a failure to properly exercise the discretion even though the error may not be discoverable.[12][11] House v The King [1936] HCA 40; (1936) 55 CLR 499.[12] See also Dodds v Kennedy [2011] WASCA 32 [4]. In Norbis v Norbis[13] Mason and Deane JJ made the following comments elaborating on the principles set out in House:Because these assessments call for value judgments in respect of which there is room for reasonable differences of opinion, no particular opinion being uniquely right, the making of the order involves the exercise of a judicial discretion. The contrast is with an order the making of which is dictated by the application of a fixed rule to the facts on which its operation depends.The principles enunciated in House … were fashioned with a close eye on the characteristics of a discretionary order in the sense which we have outlined. If the questions involved lend themselves to differences of opinion which, within a given range, are legitimate and reasonable answers to the questions, it would be wrong to allow a court of appeal to set aside a judgment at first instance merely because there exists just such a difference of opinion between the judges on appeal and the judge at first instance. In conformity with the dictates of principled decision‑making, it would be wrong to determine the parties' rights by reference to a mere preference for a different result over that favoured by the judge at first instance, in the absence of error on his part. According to our conception of the appellate process, the existence of such an error, whether of law or fact, on the part of the court at first instance is an indispensable condition of a successful appeal.[13] Norbis v Norbis (1986) 161 CLR 513, 518 ‑ 519.