Where a District Court Judge on minor civil review permits the expansion of the controversy by joining a new party, the Judge must adjudicate that expanded controversy; failure to do so while affirming the original decision constitutes error requiring the orders to be set aside. The inquiry conducted by the Minor Civil Jurisdiction proceeds on a broadly inquisitorial model but this does not remove the requirement of procedural fairness. An application for judicial review of a minor civil decision is not a review of the merits.
The full text is available to signed-in members.