R v Willee; Ex parte Chandler [2001] TASSC 85
[2001] TASSC 85
At a glance
Source factsCourt
Supreme Court of Tasmania
Decision date
2001-08-03
Before
Cox CJ
Catchwords
- **
Source
Original judgment source is linked above.
Catchwords
Judgment (42 paragraphs)
For the reasons that I have given, the submission to the Court or to the learned magistrate of a list of claimed values in respect of each item the return of which was sought could not be said to be material of the kind contemplated in the cases cited. The jurisdiction of the Small Claims Court is circumscribed by the monetary value of the claim before it, a "small claim" of the kind in question here being defined as including the ingredient that it not exceed a prescribed amount (s3(1)). A request for the identification by the claimants of the maximum value of their claim was an appropriate course for the Registrar to adopt. There is absolutely no basis for contending that the prosecutor was denied natural justice because he was not shown this document (if indeed that is the case).
10 The second ground upon which certiorari is sought is that the orders the learned magistrate made exceeded his jurisdiction. Although inelegantly and imprecisely expressed, the claim of the Interested Parties was one falling within that part of the definition of a "small claim" which includes "(e) a claim in tort for damages in detinue or conversion". So far as the claim for the wood and battery was concerned, the learned magistrate found a conversion and assessed damages in respect thereof. It seems he could not find a specific conversion of the paint, so he treated it as still in the possession of the prosecutor and ordered payment of $30 assessed as damages for its value in the event that it was not returned. As to the goods which the Interested Parties sought to have returned, their claim was one in detinue. In an ordinary action for detinue, a plaintiff may obtain judgment for the goods themselves or for their assessed value and damages for their detention. Such an action can properly therefore be described as "a claim in tort for damages in detinue".