Tey v Optima Financial Group Pty Ltd [No 3]

The appeal arose from proceedings in the Magistrates Court, where Optima Financial Group Pty Ltd sought recovery of a $550 fee from Tey for an audit service that Tey had not paid for. The matter was resolved against Tey at first instance, and the decision was upheld on appeal to both the District Court and this Court. Tey then sought suspension orders under s 15 of the Civil Judgments Enforcement Act 2004 (WA). The appeal before the Court was against the dismissal of the applications for suspension orders. The sole issue before the Court was whether the applications for suspension orders should have been granted. The Court considered the relevant legislative provisions and jurisprudence on suspension orders and concluded that the applications for suspension orders should not have been granted. The Court held that, while the amount of the debt was relatively small, the principle that orders should not be granted where the person applying for the order has not paid costs of proceedings was of particular importance in this case. Tey had not paid the costs of the proceedings at any level, and the Court held that this was a significant factor in determining the matter. The appeal was dismissed.