Wen v Best International Tradelink

Xinhua Wen sought leave to appeal from the Civil and Administrative Tribunal of Western Australia, specifically from the decision made on 18 April 2016 to dismiss his application MCDO2303-15. The dispute between Xinhua Wen and Best International Tradelink Pty Ltd was a minor civil dispute, which involved a contractual dispute regarding the delivery of goods. The tribunal's decision was based on the Respondent's case, which was presented for the first time at the hearing, and was accepted by the tribunal without Xinhua Wen being given an opportunity to comment on it. Moreover, a document was admitted in evidence, but Xinhua Wen, who was on the telephone, was unable to see it and did not have it described. Additionally, although Xinhua Wen was offered a chance to respond to the Respondent's case, he never got the opportunity to do so.

The court was required to decide whether the procedural unfairness constituted grounds for leave to appeal and whether the appeal should be allowed. The court found that the circumstances amounted to a serious procedural unfairness, which deprived Xinhua Wen of a fair hearing. The Appellant was not able to see the document that was admitted in evidence and did not have it described, and the Respondent's case was presented for the first time at the hearing, without Xinhua Wen having a chance to comment on it. Moreover, Xinhua Wen was never given a chance to respond to the Respondent's case. The court held that these circumstances amounted to a serious procedural unfairness, which deprived Xinhua Wen of a fair hearing.

Accordingly, the court granted leave to appeal on a question of law arising from procedural unfairness. The decision made on 18 April 2016 that the application MCDO2303-15 was dismissed is set aside, and the application is returned to the tribunal for a fresh hearing before a differently constituted tribunal to be listed after 18 October 2016. The appeal file shall travel with MCDO2303-15 until it is finally concluded. Additionally, the name of the Respondent to application MCDO2303-15 shall be changed to Best International Tradelink Pty Ltd, unless either party requests otherwise by 4.00pm on 16 September 2016. Furthermore, Best International Tradelink must provide a response to the application MCDO2303-15, explaining the grounds of its defence and attaching all relevant documents by 4.00pm on 30 September 2016, and Xinhua Wen must provide all documents on which he relies by 4.00pm on 14 October 2016.