Woodhouse v Thalis [2017] NSWCATOD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woodhouse v Thalis [2017] NSWCATOD 185 Hearing dates: 17 May 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Occupational Division Before: M. Craig QC, Principal Member R. Titterton, Senior Member B. Thomson, General Member Decision: (1) Confirm the dismissal of proceedings pursuant to order 7 made on 27 April 2017. (2) In the alternative, order pursuant to s 55(1)(c) of the Civil and Administrative Tribunal Act 2013 that the proceedings be dismissed by reason of the failure of the Applicant to appear on the hearing of the proceedings. (3) Order that the Applicant pay the Respondent's costs of the proceedings as agreed or assessed. Catchwords: PROCEDURE – local government - application for dismissal of elected councillor – failure of applicant to observe procedural directions – failure of applicant to appear on dates listed for hearing – applications by email for adjournments – sufficiency of pro forma medical certificates to support adjournment applications – dismissal of proceedings; COSTS – obligation to give effect to the guiding principle – compliance with orders and directions of the Tribunal – special circumstances founding an order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Local Government Act 1993 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Bobolas v Waverley Council [2016] NSWCA 138 Harmony Stone Gallery Pty Limited v Ajuria [2017] NSWCATAP 80 Latoudis v Casey (1990) 170 CLR 534 MAKX v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1559 Category: Principal judgment Parties: Andrew Lance Woodhouse (Applicant) Philip Thalis (Respondent) Representation: Solicitors: No appearance (Applicant) SBA Lawyers (Respondent) File Number(s): 2016/00378839, 1620279