Williams v Sadeghpour

Case [2021] WADC 111


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   WILLIAMS -v- SADEGHPOUR [2021] WADC 111

CORAM:   GETHING DCJ

HEARD:   1 OCTOBER 2021

DELIVERED          :   25 NOVEMBER 2021

FILE NO/S:   APP 13 of 2021

BETWEEN:   BRENT GARY WILLIAMS

Appellant

AND

AREZOU SADEGHPOUR

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE WARD

File Number            :   PER GCLM 16889 of 2019


Catchwords:

Magistrates Court appeal - Whether appellant denied procedural fairness by a decision refusing to adjourn the trial of the claim - Turns on own facts

Legislation:

Nil

Result:

Appeal allowed

Claim and counterclaim remitted to the Magistrates Court to be tried before a different magistrate

Representation:

Counsel:

Appellant : Mr D A Lenhoff
Respondent : In person

Solicitors:

Appellant : Lenhoff & Hotz
Respondent : Not applicable

Case(s) referred to in decision(s):

Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321

Avsar v Binning [2009] WASCA 219

Blenkinsop v Holland [2018] WADC 146

Brocklehurst v Wolinski [2015] WADC 36

Butler v Bennett [2007] WADC 107

Defendi v Szigligeti [2019] WASCA 115

Glew v Frank Jasper Pty Ltd [2010] WASCA 87

Ibrahim v The Honourable Justice Carolyn Martin [2012] WASC 338

Jones v Darkan Hotel [2014] WASCA 133

Marks v Coles Supermarkets [2021] WASCA 176

Moleirinho v Talbot & Olivier Lawyers Pty Ltd [2014] WASCA 65

Neil v Nott [1994] HCA 23; (1994) 68 ALJR 509; (1994) 121 ALR 148

Nobarani v Mariconte [2018] HCA 36

Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22; (2016) 331 ALR 550

Shilkin v Taylor [2011] WASCA 255

Smart v Prisoner Review Board (WA) [2012] WASC 48

Tobin v Dodd [2004] WASCA 288

Wentworth v Rogers (No 5) (1986) 6 NSWLR 534

Woodley v Woodley [2018] WASCA 149

Zerjavic v Chevron Australia Pty Ltd [2020] WASCA 40

GETHING DCJ:

Introduction

  1. Arezou Sadeghpour, the respondent, is the registered proprietor of Units 4 and 5, 18 Rudloc Road, Morley (Property).  In June 2018 Ms Sadghpour agreed to lease the Property to Bianchini & Associates Pty Ltd, with the lessee's obligations being guaranteed by Fabrizio Pio Bianchini.  The agreement to lease was subject to the lessee paying a security bond which had to be paid before the lessee could take possession of the Property.  It was not paid, so in September 2018 Ms Sadeghpour gave notice terminating the lease.

  2. At some point after the agreement to lease was signed someone left some chattels on the Property.  They comprise plant and equipment for business that was going to manufacture bathroom products from marble and granite, as well as raw materials and stock for that business.  In addition, there is also a 1997 white Audi motor vehicle (together, the Chattels).[1]

    [1] The Chattels are particularised at pars 5 and 6 of the Statement of General Procedure Claim at Matter Book (MB) 577.

  3. Mr Williams, the appellant, claimed the right to remove the Chattels.…

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AGLC
Williams v Sadeghpour [2021] WADC 111
Case
[2021] WADC 111
Decision Date

CaseChat Overview and Summary

The appeal in Williams v Sadeghpour [2021] WADC 111 was brought by Brent Gary Williams, the appellant, against Arezou Sadeghpour, the respondent. The appeal was from a decision of the Magistrates Court of Western Australia, which dismissed both the appellant's claim and the respondent's counterclaim. The sole issue in the appeal was whether the appellant was denied procedural fairness by the decision of the Magistrate to refuse to adjourn the trial of the claim. The District Court found that he was, and allowed the appeal. The claim and counterclaim were remitted to the Magistrates Court to be retried before a different magistrate. The history of the proceedings in the Magistrates Court is complex. The appellant claimed the right to remove certain chattels from the respondent's property. The respondent took the position that if the appellant could satisfy her that he was in fact the owner of the chattels, and would pay for the costs of storing them, he could remove them. This issue was not able to be resolved informally, so in December 2019 the appellant commenced proceedings against the respondent in the Magistrates Court. The respondent maintained her position in the defence and counterclaim she filed in the Magistrates Court proceedings. Following a trial on 23 and 24 February 2021, on 26 February 2021 Magistrate Ward dismissed both the claim and counterclaim. This followed late filing by the respondent of her witness statements and trial documents. Because of the late filings, the appellant had applied to adjourn the trial. The Magistrate refused to do so. The District Court found that the appellant had been denied a reasonable opportunity to present his case, which was an error of law. The appropriate orders were: (1) the appeal be allowed; (2) the orders of the Magistrates Court on 26 February 2021 dismissing the claim and counterclaim be set aside; and (3) the claim and counterclaim be remitted to the Magistrates Court for hearing by a different magistrate.

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

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Ratio Decidendi

Legal Principle Established

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