Oz Local Australia Pty Ltd v Girl Friday Solutions Pty Ltd [2019] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oz Local Australia Pty Ltd v Girl Friday Solutions Pty Ltd [2019] NSWCATAP 22 Hearing dates: 23 October 2018 Date of orders: 17 January 2019 Decision date: 17 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act. 2013 the Tribunal dispenses with a further hearing. (2) The application to adduce fresh evidence is refused. (3) The application to extend the time in which to file the Notice of Appeal is refused. (4) Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: APPEAL – Leave to adduce fresh evidence in circumstances where default in compliance with directions - Challenge to dismissal of the adjournment application in circumstances where company failed to appear, medical evidence insufficient and no explanation provided why another representative would not appear – Extension of time to appeal – inadequate and inconsistent explanation of why appeal not lodged in time – evidence before the Tribunal sufficient to justify conclusions reached. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Oz Local Australia Pty Ltd (Appellant) Girl Friday Solutions Pty Ltd (Respondent) Representation: A Lewis (Manager) (Appellant) L Heffernan (Director) (Respondent) File Number(s): AP 18/35548 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 27 June 2018 Before: G Kinsey, General Member File Number(s): GEN 17/45259