Boscolo v Consumer, Trader and Tenancy tribunal [2014] NSWSC 1189

Boscolo v Consumer, Trader and Tenancy tribunal [2014] NSWSC 1189

Because there may have been a good explanation for the plaintiff's non-attendance, namely asserted illness, and dismissal might only lead to reinstatement proceedings and additional expense, the appropriate course was to adjourn the proceedings and notify the plaintiff of the consequences of any further non-appearance.

Jurisdiction
Australia
Judgment Date
26 August 2014
Procedural Posture
Judicial Review of Orders Made in the Consumer, Trader & Tenancy Tribunal / Interlocutory Application for Adjournment Due to Non Appearance
Outcome
Matter adjourned; question of the defendant's costs reserved.
Legal Topics
['judicial Review of Tribunal Orders' 'adjournment Due to Non Appearance' 'summary Dismissal']
['administrative Law' 'civil Procedure'] ['judicial Review of Tribunal Orders' 'adjournment Due to Non Appearance' 'summary Dismissal']

Case Brief

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Procedural Posture

Judicial Review of Orders Made in the Consumer, Trader & Tenancy Tribunal / Interlocutory Application for Adjournment Due to Non Appearance

Legal Issues

  1. 1 ["Whether the proceedings should be adjourned rather than dismissed because of the plaintiff's non-appearance." 'Whether the plaintiff should be notified that further non-appearance may lead to consideration of dismissal.']

Ratio Decidendi

Because there may have been a good explanation for the plaintiff's non-attendance, namely asserted illness, and dismissal might only lead to reinstatement proceedings and additional expense, the appropriate course was to adjourn the proceedings and notify the plaintiff of the consequences of any further non-appearance.

Court Disposition

Matter adjourned; question of the defendant's costs reserved.

Orders

  • ['Adjourn the matter for hearing before me at twelve noon Friday 29 August 2014.' 'Direct the Registry to advise the plaintiff of my order and to inform the plaintiff that if there is no appearance by or on her behalf at that hour in the absence of a prior application to give cause for an adjournment, I will give...