Oh v Grima [2016] NSWCATAP 239

Oh v Grima [2016] NSWCATAP 239

The appellant, though not personally heard, was afforded reasonable opportunity to be heard by way of representation through Ms Matthias. The Tribunal did not err in its approach to representation or in refusing leave to rely on late evidence. Persistent default by the appellant justified the Tribunal’s procedural decisions and could have justified dismissal for want of prosecution.

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['procedural Fairness' 'representation' 'dismissal for Want of Prosecution' 'costs']
['tribunal Procedure' 'civil Procedure'] ['procedural Fairness' 'representation' 'dismissal for Want of Prosecution' 'costs']

Case Brief

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Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness by being denied a reasonable opportunity to be heard' 'Whether the Tribunal erred in refusing leave for the appellant to rely on late evidence' "Whether Ms Matthias could act as the appellant's representative under s 45 of the Civil and Administrative Tribunal Act 2013" 'Whether the Tribunal’s handling of the default justified dismissal for want of prosecution under s 55']

Ratio Decidendi

The appellant, though not personally heard, was afforded reasonable opportunity to be heard by way of representation through Ms Matthias. The Tribunal did not err in its approach to representation or in refusing leave to rely on late evidence. Persistent default by the appellant justified the Tribunal’s procedural decisions and could have justified dismissal for want of prosecution.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The decision under appeal is affirmed.' 'Any submission as to the costs of the appeal by the Appellant is to be made by filing and serving on the Respondent written submissions within 14 days after publication of this decision.' 'The Respondent is to file and serve on the Appellant...