Boscolo v Consumer, Trader and Tenancy Tribunal (2) [2014] NSWSC 1205

Boscolo v Consumer, Trader and Tenancy Tribunal (2) [2014] NSWSC 1205

The hearing was adjourned because, despite serious concerns about the plaintiff's method and timing of seeking the adjournment and doubts about the incapacitating effect of the illness described, the Court accepted the genuineness of the doctor's opinion and the plaintiff's sincerity; refusing the adjournment and striking out the summons could further prejudice the defendant by prompting reinstatement proceedings and additional delay and costs.

Jurisdiction
Australia
Judgment Date
29 August 2014
Procedural Posture
Application for Judicial Review of Decisions Made by the Then Consumer Trade and Tenancy Tribunal / Interlocutory Application for Adjournment Due to Non Appearance by Self Represented Plaintiff
Outcome
Adjournment granted; costs reserved.
Legal Topics
['adjournment' 'non Appearance' 'self Represented Litigant' 'illness' 'judicial Review' 'costs Reserved']
['civil Procedure' 'administrative Law'] ['adjournment' 'non Appearance' 'self Represented Litigant' 'illness' 'judicial Review' 'costs Reserved']

Case Brief

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Procedural Posture

Application for Judicial Review of Decisions Made by the Then Consumer Trade and Tenancy Tribunal / Interlocutory Application for Adjournment Due to Non Appearance by Self Represented Plaintiff

Legal Issues

  1. 1 ['Whether the hearing should be adjourned because the self-represented plaintiff did not appear and sought an adjournment on grounds of ill-health.' 'Whether a faxed letter attaching medical certificates was a satisfactory way to seek an adjournment.' "Whether the defendant's costs should be dealt with immediately or reserved."]

Ratio Decidendi

The hearing was adjourned because, despite serious concerns about the plaintiff's method and timing of seeking the adjournment and doubts about the incapacitating effect of the illness described, the Court accepted the genuineness of the doctor's opinion and the plaintiff's sincerity; refusing the adjournment and striking out the summons could further prejudice the defendant by prompting reinstatement proceedings and additional delay and costs.

Court Disposition

Adjournment granted; costs reserved.

Orders

  • ["I adjourn today's hearing." 'I fix the matter before the Common Law Case Management Registrar at 9 00am on Tuesday 9 September 2014 for referral to the Duty Judge if the Registrar is satisfied that course is then appropriate.' 'I direct that the Registrar forward a copy of my reasons from Tuesday and today to the...