Davoren v Balgowan

The appellant, Davoren, sought to appeal a decision made by the respondent, Balgowan, who was acting as a tribunal. The dispute arose from a claim that Davoren had to refund the respondent for money paid for van repairs. The respondent argued that the repairs were not completed to an acceptable standard. Davoren had provided mechanical reports after the stipulated compliance date on more than one occasion, leading to the tribunal ordering a refund.

The court had to determine whether the tribunal had the authority to waive strict compliance with procedural directions and whether it had an overriding duty to act fairly according to the substantial merits of the case. Additionally, the court needed to decide whether the tribunal had failed to consider any reasonable excuse for non-compliance and whether the discretion to make final orders by default was misapplied due to a failure to consider and lack of proportionality.

The tribunal, while having the discretion to waive strict compliance with procedural directions, also had an overriding duty to act fairly according to the substantial merits. The tribunal's failure to consider any reasonable excuse for the non-compliance and its misapplication of the discretion to make final orders by default led to a miscarriage of justice. The tribunal's decision was set aside, and the matter was remitted for reconsideration in accordance with the law and the substantial merits.

The tribunal was ordered to reconsider the matter, taking into account the legal principles and the substantial merits of the case. This included examining any reasonable excuse for the non-compliance and ensuring that the discretion to make final orders by default was applied appropriately.