Restoration of appeal refused where service was proved and absence showed no bona fide explanation

An appeal dismissed for default of appearance and non-compliance with hearing directions will not be restored where the applicants cannot disprove service of notices at the address they furnished, the record shows receipt of an earlier hearing notice and subsequent orders, and no timely steps were taken to file the paper books. The Tribunal treated the applicants' failure to enquire or act promptly as showing indifference rather than a bona fide explanation for absence, and found no sufficient ground to interfere with the dismissal under its procedure rules. The restoration application was rejected and the dismissal of the appeal was upheld.

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Issues: Whether the order dismissing the appeal for default of appearance and non-compliance with the hearing directions should be set aside and the appeal restored to file.

Analysis: The applicants were unable to show that the notices and orders fixing and adjourning the hearing had not been served at the address furnished by them. The record showed that the hearing notice for the earlier date had been received, and the subsequent orders had also been sent to the same address. The applicants had sought time to file paper books but did not do so even by the date of the restoration application. Their failure to make timely enquiries or to take steps to prepare the appeal demonstrated indifference and did not support a bona fide explanation for absence. No sufficient ground was therefore made out to disturb the dismissal for default under the Tribunal's procedure rules.

Conclusion: The application for restoration was rejected and the dismissal of the appeal for default was upheld.

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