Lawrence v Ciantar [2025] NSWCATAP 64 | Case summary

Lawrence v Ciantar

[2025] NSWCATAP 64

NCAT Appeal Panel|2025-03-28|Before: L Andelman, Senior MemberP Molony, Senior Member

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General information, not legal advice.

Judgment (2 paragraphs)

[1]

This matter was listed for hearing on 3 February 2025. At the commencement of the hearing the appellant sought to file fresh evidence on appeal, lead oral evidence from the appellant and amend the grounds of appeal.
An adjournment was required for the appellant to file and serve a proposed Notice of Appeal and any further evidence and submissions. Subsequent orders were made for that to occur and for the respondent to have an opportunity to reply to the new case.
During the hearing on 3 February 2025 the matter was listed for further hearing on 2 May 2025 at 10.15am for half a day with the agreement by both counsel.
Counsel for the appellant stated that if he was unable to attend on 3 February the appellant would be represented by a different legal practitioner.
At 4.34pm on 3 February 2025 the appellant contacted the registry and advised that Mr King was not available on 2 May 2025 and asked for the hearing date to be amended. The dates proposed by Mr King were not suitable to the Tribunal.
On 27 February 2025 the respondent advised the registry that he did not oppose the vacation of the hearing date but sought a further directions hearing due to there being a lacuna as to what occurred at first instance as the appellant had failed to file all the evidence given to the Tribunal at first instance on which it intended to rely or a typed transcript of the relevant parts of the hearing on which the appellant intended to rely on.
In consideration of the fact that the final hearing had to be previously adjourned, that Mr King indicated that if he was unable to appear the appellant would be represented by another legal practitioner and no explanation was given as to why Mr King made an error about his availability, we consider the adjournment should not be granted to adjourn the final hearing for a second time.

Lawrence v Ciantar

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