Cook v ASP Shipping Management Pty Ltd (No. 2) [2009] FCAFC 121

Cook v ASP Shipping Management Pty Ltd (No. 2) [2009] FCAFC 121

The medical report relied upon by the appellant was unspecific regarding how the medical condition prevented him from preparing for or participating in the appeal. Evidence showed the appellant was able to conduct legal matters during the relevant period. The history of the proceedings indicated no sufficient basis for further delay; thus, the hearing date should not be vacated.

Parties
Appellant: George Wilson Cook; Respondent: ASP Shipping Management Pty Ltd
Jurisdiction
Australia
Judgment Date
08 September 2009
Procedural Posture
Appeal / Interlocutory Application – Motion to Vacate Hearing Date
Outcome
Notice of motion to vacate hearing date dismissed.
Legal Topics
Procedural Fairness, Adjournment of Hearings, Appeals Under S 44 Administrative Appeals Tribunal Act 1975 (cth)
Administrative Law Procedural Fairness Adjournment of Hearings Appeals Under S 44 Administrative Appeals Tribunal Act 1975 (cth)

Case Brief

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Parties

George Wilson Cook

Appellant

ASP Shipping Management Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application – Motion to Vacate Hearing Date

Legal Issues

  1. 1 Whether the appellant's medical condition justified vacating the hearing date of the appeal
  2. 2 Whether the appeal should be further delayed given the appellant's circumstances

Ratio Decidendi

The medical report relied upon by the appellant was unspecific regarding how the medical condition prevented him from preparing for or participating in the appeal. Evidence showed the appellant was able to conduct legal matters during the relevant period. The history of the proceedings indicated no sufficient basis for further delay; thus, the hearing date should not be vacated.

Court Disposition

Notice of motion to vacate hearing date dismissed.

Orders

  • The appellant's notice of motion filed on 8 July 2009 and seeking an order vacating the hearing date of 27 August 2009 be dismissed.
  • The costs of the notice of motion be reserved.