C Mares v M R Kirsten [2018] NSWCATAP 306

C Mares v M R Kirsten [2018] NSWCATAP 306

The appellant provided no reasonable explanation for non-attendance or non-compliance with directions, and the Tribunal appropriately exercised its discretion in refusing the adjournment and proceeding in the appellant's absence. No error of law or substantial miscarriage of justice was established.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['adjournments' 'procedural Fairness' 'error of Law' 'proceeding in Absence of Party']
['civil Procedure' 'administrative Law'] ['adjournments' 'procedural Fairness' 'error of Law' 'proceeding in Absence of Party']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Was it an error of law to refuse the appellant an adjournment of the hearing below?' "Was it an error of law to hear the matter without the appellant's evidence?" "Whether the appellant was denied procedural fairness by not being served with respondent's documents relied upon at the hearing" 'Whether the appellant was denied procedural fairness by not being able to attend the hearing']

Ratio Decidendi

The appellant provided no reasonable explanation for non-attendance or non-compliance with directions, and the Tribunal appropriately exercised its discretion in refusing the adjournment and proceeding in the appellant's absence. No error of law or substantial miscarriage of justice was established.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed' 'The stay is lifted and the Registrar may pay the amount of $10,481.28 to Mr Kirsten']