Al Mahmood v Christofi (RLD)

Administrative Decisions Tribunal

New South Wales

Case Title:

Al Mahmood v Christofi (RLD)

Medium Neutral Citation:

[2013] NSWADTAP 31

Hearing Date(s):

17 June 2013

Decision Date:

10 July 2013

Jurisdiction:

Appeal Panel - Internal

Before:

S Higgins, Deputy President
P Molony, Judicial Member
J Butlin, Non-Judicial Member

Decision:

1. The appellants' application for an extension of time within which to file and serve an Amended Notice of Appeal is refused.

2. The appellant's appeal is dismissed pursuant to paragraph 73(5)(g)(iii) of the Administrative Decisions Tribunal Act 1997.

3. The appellant to pay the respondents' costs in the amount of $1,000.00.

Catchwords:

Appeal - application for dismissal of appeal - non appearance of appellant at hearing - failure by appellant to comply with orders - want of prosecution
Appeal - application to adjourn hearing - no appearance by the appellant

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Civil Procedure Act 2005
Retail Leases Act 1994

Cases Cited:

Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230
Sullivan v State of New South Wales (NSW Police Force) [2009] NSWADT 2
Pachkovski v Australian Executor Trustees Ltd [2011] NSWCA 94

Category:

Principal judgment

Parties:

Abdulla Al Mahmood (Appellant)
George Christofi (First Respondent)
Elizabeth Christofi (Second Respondent)

Representation

- Solicitors:

Al Mahmood (Appellant in person)
D Carson (Respondents)

File Number(s):

129042

Decision Under Appeal

- Before:

Retail Leases Division

- Date of Decision: 

30 November 2012

- Citation:

Mahmood v Christofi (No 2) [2012] NSWADT 251

- Court File Number(s):

105210115014

REASONS FOR DECISION

Introduction

1. This appeal was listed for hearing on 17 June 2013. Prior to the hearing, on 11 June 2013, the appellant, Abdulla Al Mahmood, wrote to the Tribunal seeking an adjournment of the hearing. On the same day, the appellant provided the respondents, George and Elizabeth Christofi, with a copy of his letter to the Tribunal. The respondent did not consent to an adjournment and confirmed their earlier advice that they would be appearing at the hearing and making an application for dismissal of the appeal. That application, they advised would be made on the basis of the appellant's failure to comply with the orders made by the Appeal Panel on 5 April 2013.

2. When the appeal came before us on 17 June 2013, there was no appearance by, or on behalf of the appellant. Mr Carson, solicitor for the respondents, did appear. The respondents were also present.

3. At the commencement of the hearing, Mr Carson formally opposed the adjournment of the hearing and made an application for the appeal to be dismissed on the basis of the appellant's non appearance and his failure to comply with the orders of the Appeal Panel made on 5 April 2013: see para 73(5)(g)(iii) and (iv) of the Administrative Decisions Tribunal Act 1997 (ADT Act).

4. We made no orders in regard to the appellant's adjournment application and proceeded to hear oral submissions from Mr Carson in regard to the respondents' dismissal application. At the conclusion of hearing submissions we reserved our decision.…