Athari v Wandell Builders Pty [2018] NSWSC 771

Supreme Court New South Wales

Medium Neutral Citation: Athari v Wandell Builders Pty [2018] NSWSC 771 Hearing dates: 24 May 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: The appeal is dismissed and the plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE – appealing decision and seeking leave to appeal - Magistrate failed to decide a material issue - mixed questions of fact and law - failure to adhere to timetable - notice of ceasing to act filed - no appearance for plaintiff before Registrar - efficiency of the Court - attempts made to contact the plaintiff - adequate notice given - whether the matter should be dismissed for want of cause - no motion seeking pro bono referral - whether proceedings should be dismissed in the absence of the plaintiff - case not prosecuted with due dispatch - prejudice to the defendant - failure of the plaintiff to appear - appeal dismissed - costs awarded Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Taeed Athari trading as Father and Son v Wandell Builders Pty Representation: Counsel: I J King (Respondent)

Solicitors: MCW Lawyers (Respondent) File Number(s): 17/374331 Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Civil Date of Decision: 14 November 2017 Before: Magistrate Virgo File Number(s): 2016/226352