Gilmore v Mike Blewitt Pty Ltd [2015] NSWCATCD 119

Gilmore v Mike Blewitt Pty Ltd [2015] NSWCATCD 119

The application was dismissed because the applicant had not provided the respondent with details or documents regarding his claim that would reasonably allow the respondent to prepare a reasoned response, despite repeated procedural directions and previous hearings, and the Tribunal was satisfied that this conduct...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 October 2015
Procedural Posture
Consumer Claim in the Motor Vehicle List of the Consumer and Commercial Division Concerning a Faulty Motor Vehicle / Formal Hearing of Application and Adjournment Request
Outcome
Application dismissed; adjournment refused; parties to pay their own costs.
Legal Topics
['motor Vehicle Consumer Claim' 'causing Unreasonable Disadvantage' 'failure to Comply With Tribunal Directions' 'adjournment' 'costs']
['consumer Law' 'civil Procedure' 'costs'] ['motor Vehicle Consumer Claim' 'causing Unreasonable Disadvantage' 'failure to Comply With Tribunal Directions' 'adjournment' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Consumer Claim in the Motor Vehicle List of the Consumer and Commercial Division Concerning a Faulty Motor Vehicle / Formal Hearing of Application and Adjournment Request

Legal Issues

  1. 1 ['Whether the applicant was conducting the proceedings in such a way that unreasonable disadvantage was caused to the respondent.' 'Whether the hearing listed for 17 August 2015 should be adjourned.' 'Whether the respondent should have an order for costs.']

Ratio Decidendi

The application was dismissed because the applicant had not provided the respondent with details or documents regarding his claim that would reasonably allow the respondent to prepare a reasoned response, despite repeated procedural directions and previous hearings, and the Tribunal was satisfied that this conduct unreasonably disadvantaged the respondent. The adjournment was refused because the late Legal Aid letter did not provide adequate evidentiary or procedural basis for an adjournment and neither the Tribunal nor the respondent had been put on notice. Costs were not ordered because, although the circumstances were unusual, they were not of a special nature warranting a costs order...

Court Disposition

Application dismissed; adjournment refused; parties to pay their own costs.

Orders

  • ['The application is dismissed because the Tribunal is of the opinion that the applicant is conducting the proceedings in such a way that unreasonable disadvantage has been caused to the respondent.' 'The application of 14 August 2015 to adjourn the hearing of 17 August 2015, is refused.' 'The parties to the...