Lancaster v McMillan [2004] NSWSC 729

Lancaster v McMillan [2004] NSWSC 729

No denial of natural justice arises from Tribunal's refusal to adjourn; plaintiffs failed to provide evidence needed for appeal; plaintiffs had opportunity to present their case but did not appear; proceedings were futile in absence of arguable defence.

Jurisdiction
Australia
Judgment Date
13 August 2004
Procedural Posture
Appeal / Judgment After Hearing of Appeal Against Refusal to Grant Re Hearing
Outcome
Summons dismissed, plaintiff to pay the costs of the proceedings.
Legal Topics
['appeal From Tribunal' 'natural Justice' 'adjournment Applications']
['administrative Law'] ['appeal From Tribunal' 'natural Justice' 'adjournment Applications']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing of Appeal Against Refusal to Grant Re Hearing

Legal Issues

  1. 1 ['Whether refusal by Tribunal to adjourn hearing denied plaintiff natural justice' 'Whether sufficient evidence was before the Court to substantiate claim of denial of natural justice']

Ratio Decidendi

No denial of natural justice arises from Tribunal's refusal to adjourn; plaintiffs failed to provide evidence needed for appeal; plaintiffs had opportunity to present their case but did not appear; proceedings were futile in absence of arguable defence.

Court Disposition

Summons dismissed, plaintiff to pay the costs of the proceedings.

Orders

  • ['The summons is dismissed.' 'Plaintiff to pay the costs of the summons.']