Capital Food Emporium (Holdings) Limited v John Walsh & anor Posted In: Case Law
Decision NumberIEHC 725
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionTribunal Practice, Procedures and Jurisdictional Issues
This case concerned the position that arises when a party and its representative do not turn up for an official hearing. In this case the court had to determine whether a breach of constitutional or natural justice, or the audi alteram partem principle, arises where the hearing proceeds due to the presiding officer being satisfied that there had been due notification of the hearing provided.
The court held that once the Rights Commissioner was satisfied that correspondence outlining the date, time and venue of the hearing had been sent to the absent party he was fully entitled to proceed to hearing and issue a recommendation thereafter, as no right to hold things up indefinitely until one
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