Accardo v Dods [2018] NSWCATAP 74

Accardo v Dods [2018] NSWCATAP 74

The refusal to grant an adjournment and subsequent conduct of the hearing did not amount to procedural unfairness as Ms Accardo failed to provide sufficient supporting evidence for her reasons for non-attendance; leave to appeal is refused as none of the raised grounds justify it.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Appeal / Final—appeal Panel Decision
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
['adjournment Application' 'natural Justice' 'procedural Fairness' 'leave to Appeal' 'set Aside Application']
['consumer Law'] ['adjournment Application' 'natural Justice' 'procedural Fairness' 'leave to Appeal' 'set Aside Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final—appeal Panel Decision

Legal Issues

  1. 1 ['Was there a denial of procedural fairness in refusing the adjournment requested by Ms Accardo?' 'Should leave to appeal be granted on grounds other than questions of law (fairness, weight of evidence, new evidence)?']

Ratio Decidendi

The refusal to grant an adjournment and subsequent conduct of the hearing did not amount to procedural unfairness as Ms Accardo failed to provide sufficient supporting evidence for her reasons for non-attendance; leave to appeal is refused as none of the raised grounds justify it.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' 'Ms Accardo should pay Ms Dods $415 within 14 days; Ms Dods may seek enforcement through Local Court if payment not made.']