Jeray v Blue Mountains City Council [2010] NSWLEC 229

Jeray v Blue Mountains City Council [2010] NSWLEC 229

Because the applicant was absent and the respondent did not seek dismissal, the Court was not prepared to make any order on the contempt notice of motion other than adjournment; however, the medical material was inadequate to justify inability to attend, so the matter was stood over with directions requiring a proper medical report if the applicant again claimed inability to attend.

Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Notice of Motion Seeking Contempt Orders in Proceedings Concerning Access to Documents Under the Local Government Act 1993 / Ex Tempore Judgment on Adjournment After Applicant Did Not Attend Hearing
Outcome
Applicant's notice of motion stood over to 19 November 2010; costs reserved.
Legal Topics
['self Represented Litigant' 'contempt Motion' 'adjournment on Medical Grounds' 'medical Certificate' 'notice to Produce']
['practice and Procedure' 'local Government'] ['self Represented Litigant' 'contempt Motion' 'adjournment on Medical Grounds' 'medical Certificate' 'notice to Produce']

Case Brief

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Procedural Posture

Notice of Motion Seeking Contempt Orders in Proceedings Concerning Access to Documents Under the Local Government Act 1993 / Ex Tempore Judgment on Adjournment After Applicant Did Not Attend Hearing

Legal Issues

  1. 1 ["Whether the applicant's notice of motion for contempt should proceed in his absence after he advised that he would not attend due to a medical condition." 'Whether the medical certificate stating that the applicant was unfit for work sufficiently justified inability to attend Court.' 'What directions should be made for any future claim of inability to attend for medical reasons.']

Ratio Decidendi

Because the applicant was absent and the respondent did not seek dismissal, the Court was not prepared to make any order on the contempt notice of motion other than adjournment; however, the medical material was inadequate to justify inability to attend, so the matter was stood over with directions requiring a proper medical report if the applicant again claimed inability to attend.

Court Disposition

Applicant's notice of motion stood over to 19 November 2010; costs reserved.

Orders

  • ["Stand over the applicant's notice of motion to 19 November 2010 at 9:30 am before Craig J for the purpose of fixing a date for hearing." "In the event that the applicant is unable to attend Court on 19 November for medical reasons, a medical report provided by a legally qualified medical practitioner indicating...