Wendy Rankilor v Circuit Travel Pty Ltd

[2013] HCASL 182

WENDY RANKILOR

v

CIRCUIT TRAVEL PTY LTD

[2013] HCASL 182
P36/2013

1. The applicant commenced proceedings in the Magistrates Court of Western Australia claiming damages for breach of a contract for services connected with a tour of Europe arranged by the respondent. The cost of the tour was about $3,700. The applicant claimed damages of $10,000. The proceedings were a "minor case", under s 26 of the Magistrates Court (Civil Proceedings) Act 2004 (WA). Magistrate Bromfield dismissed the claim, finding that a number of the applicant's complaints were not made out and that others relating to the substitution of events or facilities were within the terms of the contract[1].

   [1]Rankilor v Circuit Travel Pty Ltd [2013] WASCA 148 at [43].

2. The applicant appealed to the District Court of Western Australia (Davis DCJ).  Appeals to the District Court against judgments in the "minor case" category are confined to natural justice grounds or grounds challenging jurisdiction[2].  Davis DCJ dismissed the appeal finding that the applicant had not been denied natural justice.

   [2]Magistrates Court (Civil Proceedings) Act 2004 (WA), s 32(3).

3. The Court of Appeal of Western Australia (Pullin, Buss and Newnes JJA) dismissed an appeal from the orders of Davis DCJ.

4. The applicant applies for special leave to appeal.  Her proposed grounds of appeal allege various denials of natural justice and failure to address or to give sufficient weight or consideration to matters.  The remaining grounds variously assert that the applicant was denied natural justice.  These grounds were in substance comprehensively rejected by the Court of Appeal[3].  The material filed in support of the application does not engage with the Court of Appeal's reasoning.  There is no reason to doubt the correctness of the decision.  If special leave to appeal were granted the appeal would have no prospects of success. 

   [3]Rankilor v Circuit Travel Pty Ltd [2013] WASCA 148.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
3 December 2013 S.J. Gageler