Rankilor v Circuit Travel Pty Ltd

[2013] WASCA 148

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › New points on appeal
4. › Whether appellant may raise grounds not relied on in court below
5. › Whether exceptional circumstances exist
6. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 32
1. Practice and Procedure
2. › Natural justice
3. › Right to be heard
4. › Content of natural justice in minor cases jurisdiction
5. › Whether informal procedure qualifies requirements of natural justice
6. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 29, s 30, s 32
1. Practice and Procedure
2. › Appeals
3. › Fresh evidence on appeal
4. › Whether exceptional circumstances established
5. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 42(3)(c), s 42(4)
1. Practice and Procedure
2. › Judgments and orders
3. › Duty to give reasons
4. › Whether magistrate required to reserve judgment
5. › Whether failure to refer to all evidence indicates lack of consideration

Quick Take

The content of natural justice requirements must be assessed in the context of the particular proceedings, and in the minor cases jurisdiction of the Magistrates Court, the informal nature of the procedure qualifies the extent of the right to be heard. A magistrate is not required to reserve judgment, and failure to refer to all evidence in reasons does not establish a denial of natural justice. Grounds not raised before the District Court on appeal from the Magistrates Court cannot ordinarily be raised for the first time in the Court of Appeal.