The threshold for a review order under s 36 of the Magistrates Court Act 2004 (WA) requires an arguable case with reasonable prospects of success. Section 36 preserves the substantive law of judicial review including the distinction between jurisdictional and non-jurisdictional error. A claim should not ordinarily be struck out as an abuse of process based solely on an intention to commence multiple proceedings where only one claim has been filed and the claimant has undertaken not to bring further claims. The availability of a prior appeal under s 32 MC (CP) Act does not necessarily preclude review under s 36, but the prior appeal decision stands as a formidable obstacle to re-agitating the same arguments.
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