Bona fide counsel error can justify setting aside ex parte dismissal and restoring the matter for merits

A bona fide mistake by counsel in noting the hearing date incorrectly was treated as sufficient cause, as the default was not shown to be deliberate, grossly negligent, or egregious. The tribunal's procedural power to set aside an ex parte dismissal and restore the appeal was recognised where such power is needed to secure the ends of justice. On that basis, the ex parte order and the refusal to restore were set aside, and the matter was remitted for fresh adjudication on merits.

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Issues: Whether the ex parte dismissal of the appeal and the order rejecting restoration should be set aside on the ground that non-appearance before the Tribunal was caused by a bona fide mistake of counsel, warranting remand for fresh decision on merits.

Analysis: The explanation that counsel noted the hearing date incorrectly was found plausible and not indicative of gross negligence. The Tribunal's power to set aside an ex parte order where sufficient cause is shown was recognized by reference to its procedural powers and the need to secure the ends of justice. A litigant should not suffer for a bona fide error of counsel where the delay or default is not shown to be deliberate or egregious.

Conclusion: The ex parte order and the order refusing restoration were set aside, and the matter was remitted to the Tribunal for fresh adjudication on merits.

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