Where a party commences proceedings in the Magistrates Court, submits that the court has jurisdiction, and loses on the merits, the strong public interest in finality of litigation will weigh heavily against granting leave to appeal to challenge jurisdiction. Orders of the Magistrates Court made without jurisdiction are not nullities because s 10(1) of the Magistrates Court (Civil Proceedings) Act 2004 (WA) confers jurisdiction to decide jurisdictional questions, meaning such orders are valid and binding unless set aside. It remains an open question whether equitable estoppel can prevent a challenge to a valid order made without jurisdiction.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.