Lincoln v City of Ryde Council [2026] NSWIRComm 1011

The respondent applied to the Commission for the Application to be dismissed given the absence of the applicant.
Ms McDonald, General Counsel for the respondent, submitted that:

Mr Lincoln did not attend the first conciliation. He attended the second conciliation and did not agree to an offer that was put to him. It is inappropriate to discuss the contents of that given that it was conducted in private conferences and without prejudice.
Mr Lincoln insisted that a timetable be set for the hearing of the matter when it failed to settle by conciliation. The Commission had reservations as to whether Mr Lincoln understood what he needed to do, but a timetable was set.
Mr Lincoln clearly did receive the communications from the Commission in relation to the conciliation as he attended the second conciliation.
Since the conciliation he did attend, Mr Lincoln has not filed the documents in accordance with the timetable set by the Commission. Mr Lincoln has made no communication with the Registry as to that failure.
There is no record that he attempted to make any application for an extension or otherwise explain his absence.
The Commission further notes that Mr Lincoln's been sent three communications asking him to pay the filing fee. There does not appear to have been any response to those matters.
In the circumstances, it appears to the Commission that Mr Lincoln has failed to properly prosecute his case, and the Commission has the evidence set out above that he has no intention of actually conducting the case expeditiously and properly.
Accordingly, pursuant to r 12.7 of the Uniform Civil Procedure Rules the Commission dismisses Mr Lincoln's application for want of prosecution.

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