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Multiple applications and now an appeal necessary?

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  • Multiple applications and now an appeal necessary?

    I have been mucked about royally by the court.

    Started a claim, hearing was scheduled for dates which I told them in advance that I could not make it due to a hospital appointment.

    They had me do an application to adjourn, then told me, whilst I was in hospital, that the Judge was going ahead with the hearing!?!

    I had to discontinue the claim a few days before the hearing. Started a new one about the same issues, nut adding a new side issue for further costs not mentioned in the first claim. I was aware that I had to ask the court for permission from the courts, but not sure whether the judge would consider there was a difference making this unnecessary, due to the new head of claim.

    It was allocated to court, and an application was made by the defendant immediately, to state I had not asked permission. I pretty much saw said application and the transfer to the court doc at the same time as a judge decided to dismiss the claim, following reading the application, without asking for a hearing of it or notifying me!

    So basically all done in the space of a fortnight before I could even respond.

    I immediately made an application for relief from sanctions. Court lost that. Made another one. Court kept telling me they would process it, then lost it AGAIN. It took the court FOUR MONTHS to sort themselves out, after I was promised multiple calls from a manager who never called.

    Then they told me they had finally processed the application - and the hearing was four days from when they told me/notice of hearing was deemed served!

    I couldn't make it at such short notice. I told them. They asked me to email in asking for an adjournment. I did so.

    Chased up a response, two days later, the morning of the day this hearing was taking place. They emailed me back one hour before telling me to make an application.

    Wrote this application out on my phone, even though I didn't think this was fair, nor was the fee, as I was not given sufficient notice to attend the hearing. Sent it.

    Application was dismissed. The hearing went ahead and now there is a costs order against me from the defendant totalling over 2K!

    This is scandalous. I thought I was being paranoid but it cannot be that the court is this disorganised, so I believe the staff are purposely being difficult, and the judge/s.

    How can I complain to the judiciary? My case against the defendant is as as strong as it could be - they admit what happened, and even tried to settle the matter after I started proceedings - then withdrew the offer after I told them I could not attend the original hearing. And have been using technicalities ever since.

    Do I now also need to make another application? Or would an appeal be better?

    HELP!

    Tags: None

  • #2
    Anyone?

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    • #3
      It does sound extremely unfair. I am so sorry but I know little of the procedure and cannot give you any advice but hopefully someone will do so. Good luck.

      Comment

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