Ho v Loneragan

[2013] WASCA 20

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Magistrates Court
3. › Delivery of judgment
4. › Judgment sent to parties by post
5. › Whether delivery of judgment is part of proceedings required to be conducted in open court
6. › Whether failure to deliver judgment in open court renders judgment void or voidable
7. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 45
1. Practice and Procedure
2. › Appeals
3. › Time for appeal
4. › Date of judgment
5. › Whether date of judgment is date on judgment or date received by parties
6. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40(3)(a)
1. Practice and Procedure
2. › Inferior courts
3. › Distinction between want of jurisdiction and irregularity in exercise of jurisdiction
4. › Effect of procedural irregularity on validity of judgment

Quick Take

A Magistrates Court judgment delivered by post rather than in open court in breach of s 45 of the MCCP Act is voidable, not void — it has effect unless and until set aside by proper application. The date of judgment for appeal purposes is the date on the judgment, not the date of receipt by post. Wandin Springs v Wagner and R v Casey; Ex parte Lodge are not to be followed insofar as they hold such judgments are nullities.