Ms Green successfully applied to set aside the default judgment and Ms Mahraoui, represented by lawyer Christopher Swan, challenged that decision in the Supreme Court. “Apparently, on October 5, the tenant, who had recently returned from the United States, was in quarantine, and Mr Hodgson, who had been unwell, arrived at court after judgment had been entered.”
Mr Justice Kay wrote: “The landlord’s counsel applied to the magistrate for a judgment in default of appearance, and Magistrate Chin ordered judgment in default of appearance in the sum of $17,771. Neither the tenant nor Arthur Hodgson, then her lawyer, attended. The case was listed for trial on October 5 of that year, after a number of earlier trial dates were adjourned. Mr Justice Kay said the claim was later amended to $14,713.įurther particulars were filed by Ms Mahraoui on Februfollowed by a defence from Ms Green two weeks later.
Ms Mahraoui launched proceedings in Magistrates’ Court in January, 2020, when she claimed “$9,701 in respect of rent, damage to the property and other matters”. In reasons for the ruling, Justice of Appeal Sir Maurice Kay explained that Risa Green, the tenant, and Tiffany Mahraoui, the landlord, entered a tenancy agreement in September 2019. The panel was told there was “an established practice” in Magistrates’ Court where this approach was at times taken when a defendant did not appear at trial. A dispute between a landlord and tenant is to go back for trial after appeal court judges found that a magistrate was wrong to make a ruling without hearing evidence.
0 kommentar(er)
