Hansson v Johar

[2026] WASCA 38

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competence of appeal
3. › Statutory finality clause
4. › Whether appeal lay to District Court from Magistrates Court orders under Dividing Fences Act 1961 (WA)
5. › Whether finality provision in s 15(6) precluded appeal under s 40(1) of Magistrates Court (Civil Proceedings) Act 2004 (WA)
6. › Dividing Fences Act 1961 (WA), s 15(5), s 15(6)
7. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40(1), s 43(3), s 43(4)
1. Appeal
2. › Appellate review
3. › Whether appeal has reasonable prospect of succeeding
4. › Whether order below correct regardless of reasons given
5. › Magistrates Court (Civil Proceedings) Act 2004 (WA), s 43(4)(b)
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Whether statutory finality clause applies to orders made beyond power
5. › Whether alleged jurisdictional error displaces finality provision
6. › Distinction between appeal and judicial review
7. › Magistrates Court Act 2004 (WA), s 36

Quick Take

Orders made under s 15(5) of the Dividing Fences Act 1961 (WA) are final and not subject to appeal to the District Court under s 40 of the MCCP Act, though judicial review for jurisdictional error remains available via s 36 of the Magistrates Court Act 2004 (WA). The correctness of the primary judge's broad construction of 'likely costs' under s 43(3) of the MCCP Act to include non-monetary resources of self-represented parties was doubted but left unresolved.

Case Details

Citation[2026] WASCA 38

CourtWASCA

JurisdictionWestern Australia

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Relies on2

2025Arm Mining Pty Ltd v SKR New Investment Pty LtdWASCA 38
2019Komorowski v OngWASCA 201

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