Dust v Fekonia

Dust was the plaintiff in a personal injury case against Fekonia, and both parties were required to attend an arbitration hearing. Dust and her solicitor did not attend, and the matter proceeded without them. The plaintiff then applied for a rehearing on the basis that there was good reason for the absence. The court was required to determine whether the application for a rehearing should be granted and if the court should exercise its discretion to grant a rehearing in the circumstances.

The court held that the application for a rehearing should not be granted. The court found that the plaintiff had not satisfied the requirement to demonstrate a good reason for her absence. The court also noted that the legislative intent behind the requirement to attend an arbitration hearing was to ensure that the process was efficient and fair, and that the absence of a party or their solicitor could undermine these objectives. The court concluded that it was not necessary to exercise its discretion to grant a rehearing in this case. The court held that the failure to attend the arbitration hearing was a serious matter, and that the absence of the plaintiff and her solicitor had resulted in an unfair outcome. The court held that the application for a rehearing should be dismissed.

The court dismissed the application for a rehearing and made no order for a rehearing.