Published 25 March 2019
Appeal from Motor Vehicle Disputes Tribunal — unfair and prejudicial proceedings — absence from Tribunal due to illness. The plaintiff, trading as Car King, appealed a decision from the Motor Vehicle Disputes Tribunal which ordered him to pay the defendant $5,169 and costs of $600. The plaintiff appealed on the grounds that the Tribunal hearing was conducted in a manner that was unfair, which prejudicially affected the result of the proceeding, as the plaintiff was absent due to illness. The plaintiff provided a non-specific letter from his doctor stating he was unwell during the time of the hearing. The Judge requested the plaintiff provide evidence of his illness within 28 days (approximately late October). However, no evidence was filed until 9 January 2018 at which time the customer service centre received from the plaintiff a letter dated two months previous, 9 November 2017. The Judge then asked for further medical details to bolster his claim, but the plaintiff failed to provide any. The Judge found that the plaintiff's medical letter had to be read in light of the plaintiff's previous behaviour in relation to the Tribunal. The plaintiff had caused delays and failed to provide evidence when asked, and so the note, which lacked any specificity, was not sufficient. Further, the Judge found that the plaintiff could not provide evidence that would have altered the outcome had he attended the hearing. The appeal was therefore dismissed. Judgment Date: 17 April 2018.
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