Zhao v TSS and Associates Pty Ltd

In *Zhao v TSS and Associates Pty Ltd*, the applicant sought to have an application previously dismissed on 25 February 2019 reinstated. The dismissal had occurred due to the applicant's non-appearance. The respondent argued that the delay of over a year since the dismissal was prejudicial to their interests.

The central legal issue before Judge Burchardt was whether it was appropriate to reinstate the applicant's dismissed proceeding, given the significant delay and the prejudice this delay caused to the respondent.

Judge Burchardt reasoned that the applicant's delay of more than a year in seeking reinstatement was regrettable and had created prejudice for the respondent. Applying principles of procedural fairness and the need to avoid undue prejudice to parties, the court determined that it was inappropriate to grant the application for reinstatement. Consequently, the application to reinstate the case was dismissed.