MAHMOUD v ABBAS [2002] NSWSC 691

MAHMOUD v ABBAS [2002] NSWSC 691

The fact that proceedings continued in the absence of the plaintiff does not, in itself, amount to an error of law, and there was no proper basis to conclude the assessor was bound to adjourn the proceedings.

Jurisdiction
Australia
Judgment Date
09 July 2002
Procedural Posture
Appeal / Judgment
Outcome
summons dismissed with costs
Legal Topics
['setting Aside Judgment' 'appeal From Local Court' 'non Attendance at Hearing']
['civil Procedure'] ['setting Aside Judgment' 'appeal From Local Court' 'non Attendance at Hearing']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the assessor was bound to adjourn the proceedings in the plaintiff's absence" 'Whether there was an error of law in the proceedings continuing without the plaintiff']

Ratio Decidendi

The fact that proceedings continued in the absence of the plaintiff does not, in itself, amount to an error of law, and there was no proper basis to conclude the assessor was bound to adjourn the proceedings.

Court Disposition

summons dismissed with costs

Orders

  • ['Summons dismissed with costs']