Reisner v Bratt

This matter concerned an application for leave to appeal to the Court of Appeal of New South Wales from a decision of Dunford J. The dispute involved a claimant, who was an unrepresented litigant, and an opponent. The claimant alleged that the primary judge had erred in dismissing her case, which had been heard in her absence after she claimed to be unavailable at the scheduled hearing time.

The central legal issues before the Court of Appeal were whether the primary judge's decision to proceed with the hearing in the claimant's absence constituted a denial of natural justice or an appealable error, and the extent to which a court should provide assistance to an unrepresented litigant, particularly when considering the costs and time burdens on the opposing party. The claimant also contended that the magistrate had failed to consider her claim and had introduced irrelevant considerations.

The Court of Appeal found no substance in the attack on the primary judge's decision. It reasoned that the claimant had received a fair hearing and that a fair conclusion had been reached. The court considered it incorrect to suggest that the magistrate should have disregarded the circumstances surrounding the delivery of materials by the claimant to the opponent and the connection to a contract for a kitchen renovation. Furthermore, the court noted that the claimant did not have a general right to appeal on questions of fact and law. Consequently, the application for leave to appeal was dismissed with costs.