Counsel negligence and interests of justice justified restoration of appeals dismissed for default.

Dismissal for default may be set aside where the failure to prosecute is tied to counsel's absence or negligence, and the litigant should not be penalised for counsel's fault. Here, the appellants had not informed the Tribunal of their change of address and had not shown diligence, but the surrounding circumstances, including counsel's failure, justified relief in the interests of justice. The dismissal was therefore restored and the appeals were taken back for hearing.

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Issues: Whether the appeals dismissed for default should be restored to the file.

Analysis: The appellants had not intimated the Tribunal about the change of address and had not been diligent in prosecuting the matter. Even so, the lapse was linked to the absence and failure of counsel and the surrounding factual circumstances, and the Tribunal applied the principle that a litigant should not suffer for the fault or negligence of counsel. In the interests of justice, the dismissal was set aside.

Conclusion: The restoration application was allowed and the appeals were restored for hearing.

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