Chamma v Director General, NSW Fair Trading [2015] NSWCATOD 69

Chamma v Director General, NSW Fair Trading [2015] NSWCATOD 69

The set aside application was filed more than seven days after the 4 May 2015 decision and Mr Chamma provided no explanation for failing to lodge it within time and no material showing a reasonably arguable substantive case. Although the delay was short and no prejudice to the respondent was established, the absence of reasons for delay and evidence of merits meant time should not be extended. Reinstatement was also refused because Mr Chamma provided no medical evidence that surgery or medication prevented his attendance or affected his memory, and email correspondence showed he had been reminded of the 4 May hearing date; therefore there was no reasonable explanation for his failure to...

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Application to Set Aside or Vary a Tribunal Decision and for Reinstatement After Dismissal for Failure to Appear / On the Papers
Outcome
The application to extend time was dismissed and the Tribunal declined to reinstate the application.
Legal Topics
['set Aside Application Out of Time' 'extension of Time' 'failure to Appear' 'reinstatement of Application']
['administrative Law' 'civil and Administrative Tribunal Procedure'] ['set Aside Application Out of Time' 'extension of Time' 'failure to Appear' 'reinstatement of Application']

Case Brief

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Procedural Posture

Application to Set Aside or Vary a Tribunal Decision and for Reinstatement After Dismissal for Failure to Appear / On the Papers

Legal Issues

  1. 1 ["Whether time should be extended under s 41 of the Civil and Administrative Tribunal Act 2013 for an application under Reg 9 of the Civil and Administrative Tribunal Regulation 2013 to set aside the Tribunal's decision made on 4 May 2015." "Whether the Tribunal should set aside or vary the decision made in the applicant's absence under Reg 9 of the Civil and Administrative Tribunal Regulation 2013." 'Whether the applicant had a reasonable explanation for failing to appear at the hearing on 4 May 2015 so as to justify reinstatement under s 55(2) of the Civil and Administrative Tribunal Act 2013.']

Ratio Decidendi

The set aside application was filed more than seven days after the 4 May 2015 decision and Mr Chamma provided no explanation for failing to lodge it within time and no material showing a reasonably arguable substantive case. Although the delay was short and no prejudice to the respondent was established, the absence of reasons for delay and evidence of merits meant time should not be extended. Reinstatement was also refused because Mr Chamma provided no medical evidence that surgery or medication prevented his attendance or affected his memory, and email correspondence showed he had been reminded of the 4 May hearing date; therefore there was no reasonable explanation for his failure to...

Court Disposition

The application to extend time was dismissed and the Tribunal declined to reinstate the application.

Orders

  • ['The application to extend time to make an application to set aside the decision made by the Tribunal on 4 May 2015 is dismissed.' 'The Tribunal declines to reinstate the application pursuant to s 55(2) of the Civil and Administrative Tribunal Act 2013.']