Miriani v Jin [2020] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miriani v Jin [2020] NSWCATAP 75 Hearing dates: On the papers Date of orders: 05 May 2020 Decision date: 05 May 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member J Lonsdale, Senior Member Decision: The application to reinstate the proceedings is dismissed. Catchwords: APPEAL – dismissal of proceedings for non-appearance – whether reasonable explanation for failure to appear Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Magjarraj v Asteron Life Pty Ltd [2009] NSWSC 1433 Wallace v Price [2017] NSWCATAP 151 Category: Principal judgment Parties: Joe Miriani (Appellant) Jin Xiaoqing (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/13748 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This is an application to reinstate appeal proceedings (Appeal Proceedings) pursuant to s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act). For the reasons set out in this decision, we dismiss the application for reinstatement. 2. The hearing of the Appeal Proceedings was listed for 9 March 2020. The appellant was directed to file and serve an amended notice of appeal by 14 February 2020 and evidence, submissions and other relevant information by 21 February 2020. The appellant did not file an amended notice of appeal or evidence, submissions and other information as directed. 3. The appellant failed to appear at the hearing. On 9 March 2020, the Appeal Panel made the following orders: "1. The Appellant has failed to appear and the proceedings are dismissed – s55(1)(c)." 1. On 17 March 2020, the appellant filed an application to reinstate the Appeal Proceedings.