Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80

Harmony Stone Gallery Pty Ltd v Ajuria [2017] NSWCATAP 80

The appeal was dismissed because the appellant did not provide to the Tribunal evidence supporting illness or incapacity at the time of hearing, the material relied on was not before the Tribunal, and no error of principle or unreasonable exercise of discretion was found in refusing an adjournment or proceeding in appellant's absence.

Parties
Appellant: Harmony Stone Gallery Pty Ltd; First Respondent: Lillian Ajuria; Second Respondent: Aidan Kinsella
Jurisdiction
Australia
Judgment Date
06 April 2017
Procedural Posture
Civil Appeal / Application to Extend Time and Appeal From Decision of NSW Civil and Administrative Tribunal, Consumer and Commercial Division
Outcome
Appeal dismissed after extension of time granted; application to admit fresh evidence refused.
Legal Topics
Extension of Time to Appeal, Refusal of Adjournment, Admission of Fresh Evidence, Tribunal Discretion
Administrative Law Civil Procedure Extension of Time to Appeal Refusal of Adjournment Admission of Fresh Evidence Tribunal Discretion

Case Brief

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Parties

Harmony Stone Gallery Pty Ltd

Appellant

Lillian Ajuria

First Respondent

Aidan Kinsella

Second Respondent

Procedural Posture

Civil Appeal / Application to Extend Time and Appeal From Decision of NSW Civil and Administrative Tribunal, Consumer and Commercial Division

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether Tribunal erred in refusing adjournment due to appellant's absence and illness
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The appeal was dismissed because the appellant did not provide to the Tribunal evidence supporting illness or incapacity at the time of hearing, the material relied on was not before the Tribunal, and no error of principle or unreasonable exercise of discretion was found in refusing an adjournment or proceeding in appellant's absence.

Court Disposition

Appeal dismissed after extension of time granted; application to admit fresh evidence refused.

Orders

  • Time to appeal is extended up to and including 10 January 2017.
  • Leave to admit fresh evidence is refused.