Re Potter; Ex parte Coppin

The Supreme Court was asked to determine whether the application of Sharon Coppin to set aside an eviction order made in the Magistrates Court was dismissed in a way that breached natural justice. The court had to decide whether the dismissal of the application in the absence of the applicant, who was late due to a misunderstanding of the hearing time, constituted a breach of natural justice. Beech J concluded that it was not arguable that the dismissal of the application breached natural justice. The Residential Tenancies Act 1987 provided the statutory context and required a fair but not necessarily formal hearing. The court had power to proceed in the absence of a party and the applicant had the right to apply to set aside the order within 14 days. The potential prejudice to the applicant, and potential consequential injustice from proceeding in the applicant’s absence, were limited by the right to apply to set aside the order. In the absence of any evidence that the court knew of any circumstances that might explain the applicant’s absence, natural justice did not require the court to adjourn the hearing. The court dismissed the application for a review order.