The Court refused leave to file an originating motion seeking transfer of a Magistrates Court civil case to the Supreme Court under s 39 of the Magistrates Court (Civil Proceedings) Act 2004 (WA), holding the motion was vexatious and an abuse of process. On the material before the Court, the applicant failed to demonstrate the case exceeded the Magistrates Court's $75,000 jurisdictional limit (the values attributed to items were fanciful or unsupported), and no complexity or question of law warranting transfer was identified. The Court confirmed that the decision did not preclude a future properly constituted application under s 39 supported by appropriate evidence.
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