Application for a review order pursuant to O 56A of the Rules of the Supreme Court 1971 (WA) and s 36 of the Magistrates Court Act 2004 (WA)
Application for interim stay pending the resolution of the review order application
Quick Take
1A review order under s 36 of the Magistrates Court Act 2004 (WA) requires demonstration of at least an arguably reviewable error with a reasonable prospect of success; an asserted error of fact, without more, is not a reviewable error.
2Where a Magistrate has not yet ruled on a particular submission and the applicant can raise the matter at the resumed trial, no reviewable error arises from the Magistrate's interlocutory refusal to stay proceedings on that basis.
3Even where an arguable reviewable error might exist in an interlocutory ruling during a part-heard trial, discretionary considerations — particularly the undesirability of bifurcating the trial — may weigh strongly against granting relief before the trial's ultimate determination.
