Re Malley; Ex Parte Tey [No 2]

[2015] WASCA 96

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Prospects of success
4. › Whether any ground of appeal has reasonable prospect of succeeding
5. › Registrar's notice to show cause
1. Practice and Procedure
2. › Judicial review of Magistrates Court decisions
3. › Application under s 36 Magistrates Court Act 2004 (WA)
4. › Whether application should be treated as appeal and remitted to District Court
5. › Whether primary judge erred in exercising discretion under s 36(5)(b)
6. › Magistrates Court Act 2004 (WA), s 36(1), s 36(5)(b)
7. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40
1. Practice and Procedure
2. › Interlocutory orders
3. › Challenge to interlocutory order on appeal from final judgment
4. › Whether interlocutory error can be corrected on appeal against final judgment

Quick Take

Where a party's substantive complaint is the dismissal of their claim at trial, a s 36 review application directed at interlocutory orders is unnecessary and inappropriate; the proper course is to appeal the final judgment to the District Court under s 40 of the Magistrates Court (Civil Proceedings) Act 2004 (WA), which can correct any interlocutory error that caused substantial injustice or affected the final judgment.