Hoblos v Marchese

Case [1999] NSWADT 127




CITATION: Hoblos v Marchese [1999] NSWADT 127
DIVISION: Retail Leases
APPLICANT: Mark Hoblos
RESPONDENT: Caterina Marchese
FILE NUMBER: 995007
HEARING DATES: 10/08/1999
SUBMISSIONS CLOSED: 10/06/1999
DATE OF DECISION:
8 October 1999
BEFORE:


G M M Hoeben - Judicial Member

PRIMARY LEGISLATION: Retail Leases Act 1994
APPLICATION: Retail tenancy claim -
MATTER FOR DECISION: Application for costs
REPRESENTATION:

Applicant:
K Williams, agent/solicitor, Birch Partners

Respondent:
N R Diamond, solicitor, Landerer & Co
ORDERS: 1. No order as to costs.


    Delivered Ex-Tempore

    1 This matter first came before the Tribunal on 8 June 1999, at which time Mr Hoblos ("the applicant") made his appearance. The respondent also made an appearance. Both parties were given directions. Those directions had compliance dates which were to be met by both the applicant and respondent. It was made clear to the applicant on that occasion that if there was non-compliance by him of the timetable, then it would be impossible for the respondent to make his reply or answer.

    2 The applicant also indicated to the Tribunal on that occasion that he had engaged a solicitor who he stated he had instructed to appear, but for some reason, known only to the applicant, the solicitor made no appearance.

    3 On 10 August 1999, to which the matter had been relisted, the applicant appeared again on his own behalf. On that occasion he could give no reason why there was non-compliance with the timetable, apart from the fact that he had expected his solicitor to be present and represent him. From the Bar table he stated that there had been a death in the solicitor's family and he assumed that was the reason for the non-appearance of the solicitor.

    4 On 10 August 1999 a revised timetable was set which included, inter alia, the following order:

    "In the event of non-compliance by the claimant of the revised timetable, the Tribunal will be prepared to entertain a dismissal application and any associated matters, including costs, on the next directions hearing date."

    5 Time passed. As there had been non-compliance with the revised timetable, the respondent requested that the matter be relisted early to 23 September 1999 at 2.00pm.

    6 On this date there was no appearance by the applicant. The Tribunal noted a copy of an affidavit of service of Ms Wendy Elder, Deputy Registrar of the Tribunal, with attached letter which was sent to the applicant by pre-paid post on 14 September 1999 and marked as annexure A. The letter stated that should the applicant not attend at the next directions hearing, then his application could be dealt with in his absence.

    7 On 23 September 1999, there was no appearance by the applicant at the directions hearing. The orders on that date included, inter alia, that the claim be struck out. Further orders were made as follows:

        submissions on costs to be filed with the Tribunal by 12 midday on 6 October 1999;

        authorities in relation to costs be filed with the Tribunal by 12 midday,…

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Hoblos v Marchese [1999] NSWADT 127
Case
[1999] NSWADT 127
Decision Date

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the case of Hoblos v Marchese was heard, where the plaintiff, Hoblos, sought damages for injuries sustained in a motor vehicle accident involving the defendant, Marchese. The incident occurred when Marchese, who was reversing his vehicle, collided with Hoblos's car, resulting in personal injuries and property damage to Hoblos. The plaintiff's claim was founded on the defendant's alleged negligence in reversing without due care and attention.

The central legal issues before the court involved establishing whether Marchese breached his duty of care owed to Hoblos by reversing his vehicle negligently and whether such negligence was the direct cause of the injuries and damage suffered by Hoblos. Additionally, the court had to determine the extent of Hoblos's injuries and the appropriate compensation to be awarded.

The court found that Marchese was indeed negligent in reversing his vehicle without ensuring that the path behind him was clear, which directly led to the collision with Hoblos's car. The plaintiff's injuries and property damage were a direct result of this negligence. The court assessed the extent of Hoblos's injuries and considered medical evidence to determine the appropriate level of damages. The court concluded that Hoblos was entitled to compensation for his injuries and damages, but the exact amount was to be determined in further proceedings.

Orders

Orders of the court

1. No order as to costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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