Jeray v Blue Mountains City Council

[2012] NSWCA 339

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vacation of hearing dates
3. › Application to vacate
4. › Adequacy of medical evidence
5. › Redacted medical certificate
6. › Whether two-line redacted medical certificate adequate to vacate 14 days of hearing
1. Practice and Procedure
2. › Procedural fairness
3. › Orders made in absence of party
4. › Whether procedural fairness denied where party given notice and opportunity to participate but failed to attend
5. › Whether court entitled to treat letter as notice of motion
1. Practice and Procedure
2. › Dismissal for want of prosecution
3. › Self-represented litigant
4. › Repeated failure to attend hearings
5. › Whether dismissal appropriate where litigant given clear notice of consequences
6. › Civil Procedure Act 2005 (NSW), ss 56-60
1. Practice and Procedure
2. › Leave to appeal
3. › Extension of time
4. › No question of principle
5. › Whether proposed appeal has reasonable prospects of success

Quick Take

A heavily redacted two-line medical certificate is inadequate to support an application to vacate over two weeks of hearing dates. A court may treat correspondence from a litigant as a notice of motion where the substance of the communication amounts to an application, even in proceedings not listed on the day. Repeated failure to attend hearings after clear notice of consequences will support dismissal for want of prosecution.