Deeb v Commissioner for Fair Trading [2021] NSWCATAD 253

Deeb v Commissioner for Fair Trading [2021] NSWCATAD 253

The applicant failed to prosecute his application for review by not complying with directions to file evidence and submissions, and not participating meaningfully in the process. In the absence of any supporting material, and given the context and reasons for the licensing refusal, there was minimal prospect of success. The interests of justice and the guiding principle of the Tribunal warranted dismissal of the proceedings for want of prosecution under s 55(1)(d).

Jurisdiction
Australia
Judgment Date
30 August 2021
Procedural Posture
Application for Review / Summary Dismissal
Outcome
Application for review dismissed for want of prosecution.
Legal Topics
['summary Dismissal' 'want of Prosecution' 'home Building Licensing' 'administrative Review']
['administrative Law'] ['summary Dismissal' 'want of Prosecution' 'home Building Licensing' 'administrative Review']

Case Brief

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Procedural Posture

Application for Review / Summary Dismissal

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed for want of prosecution under s 55(1)(d) of the Civil and Administrative Tribunal Act 2013' "Applicant's compliance with directions and advancement of the review application" 'Assessment of prejudice, delay, and prospects of success']

Ratio Decidendi

The applicant failed to prosecute his application for review by not complying with directions to file evidence and submissions, and not participating meaningfully in the process. In the absence of any supporting material, and given the context and reasons for the licensing refusal, there was minimal prospect of success. The interests of justice and the guiding principle of the Tribunal warranted dismissal of the proceedings for want of prosecution under s 55(1)(d).

Court Disposition

Application for review dismissed for want of prosecution.

Orders

  • ['Pursuant to s 55(1)(d) of the Civil and Administrative Tribunal Act 2013 the application for review is dismissed.']