Donna O’Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77

Donna O’Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77

The adjournment was refused because the appellant failed to provide an adequate explanation for the delay in seeking the transcript and for failing to comply with Tribunal directions to file submissions; prejudice to the respondent could not be adequately compensated and justified refusal; as the appellant provided no materials or submissions, the appeal was dismissed.

Parties
Appellant: T and I Engines Pty Ltd; Respondent: Donna O'Neill
Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
The adjournment application is refused; the appeal is dismissed; the stay is lifted; original orders remain in effect.
Legal Topics
Adjournment, Appeal, Case Management, Non Compliance With Directions
Civil Procedure Adjournment Appeal Case Management Non Compliance With Directions

Case Brief

Summary, issues, holding and outcome

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Parties

T and I Engines Pty Ltd

Appellant

Donna O'Neill

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the adjournment application should be granted
  2. 2 Whether the appeal should be allowed

Ratio Decidendi

The adjournment was refused because the appellant failed to provide an adequate explanation for the delay in seeking the transcript and for failing to comply with Tribunal directions to file submissions; prejudice to the respondent could not be adequately compensated and justified refusal; as the appellant provided no materials or submissions, the appeal was dismissed.

Court Disposition

The adjournment application is refused; the appeal is dismissed; the stay is lifted; original orders remain in effect.

Orders

  • The Appellant's application for an adjournment is refused.
  • The Appeal is dismissed.