Jurisdiction : STATE ADMINISTRATIVE TRIBUNAL OF WESTERN AUSTRALIA

Citation : TANGENT NOMINEES PTY LTD and EDWARDS & ANOR [2005] WASAT 119

Administrative law - Grant of leave to appeal by State Administrative Tribunal - Whether able to grant leave on some grounds only

Sparks v Bellotti [1981] WAR 65

Wilson v Metaxas [1989] WAR 285

1 MCKECHNIE J: I am indebted to both counsel for the careful submissions they have put forward which identify very clearly the opposing arguments to be made.

2 The issue in this appeal is whether, in determining a grant of leave to appeal under the Builders Registration Act 1939 (WA) s 41, the State Administrative Tribunal can grant leave on some grounds only.

3 The appellant submits that once leave is granted it is entitled to a hearing de novo and the grounds of the hearing cannot be limited. The appellant relies on the State Administrative Tribunal Act 2004 (WA) s 27.

4 The submission, however, cannot be accepted. By requiring a grant of leave Parliament necessarily invests power in the State Administrative Tribunal to limit the grant of leave to grounds or matters upon which the State Administrative Tribunal considers leave should be granted in accordance with the ordinary principles: Wilson v Metaxas [1989] WAR 285.

5 While the State Administrative Tribunal does not possess the inherent jurisdiction of a court it does have inherent power to control its processes in a manner consistent with statute: Sparks v Bellotti [1981] WAR 65. The exercise of the grant of leave is a power given to the State Administrative Tribunal by the Builders Registration Act s 41, not by the State Administrative Tribunal Act, and is anterior to the exercise of power to review a reviewable decision under s 27 of the State Administrative Tribunal Act.

6 There is no inconsistency in granting leave to review a decision on some grounds only and the review of that decision de novo on the grounds upon which leave is granted. In my opinion, the senior member was correct in his conclusion and orders. The appeal is dismissed.