Saad v Kassis [2007] NSWSC 1457

Saad v Kassis [2007] NSWSC 1457

The Tribunal's refusal of an adjournment in the circumstances, given the late notification of witness non-availability and the potential for prejudice to be cured by costs, miscarried the discretion and denied procedural fairness to the plaintiff; thus the Tribunal's decision was set aside and remitted for rehearing.

Parties
Plaintiff: Paul Saad; Defendant: Sam Kassis
Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; Tribunal decision set aside and matter remitted for rehearing; costs orders made as specified
Legal Topics
Appeal From Tribunal Decision, Adjournment Refusal, Procedural Fairness, Natural Justice, Costs Orders
Administrative Law Building and Construction Law Appeal From Tribunal Decision Adjournment Refusal Procedural Fairness Natural Justice Costs Orders

Case Brief

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Parties

Paul Saad

Plaintiff

Sam Kassis

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the refusal of an adjournment by the Tribunal denied procedural fairness to the plaintiff
  2. 2 Whether the Tribunal erred in ordering costs without allowing submissions on the quantum or assessment of costs

Ratio Decidendi

The Tribunal's refusal of an adjournment in the circumstances, given the late notification of witness non-availability and the potential for prejudice to be cured by costs, miscarried the discretion and denied procedural fairness to the plaintiff; thus the Tribunal's decision was set aside and remitted for rehearing.

Court Disposition

Appeal upheld; Tribunal decision set aside and matter remitted for rehearing; costs orders made as specified

Orders

  • The appeal is upheld.
  • The decision of Senior Tribunal Member Durie dated 12 July 2007 is set aside.