Small Claims Court - requesting an adjournment

eggerb

Registered User
Messages
387
Does anybody have any experience of requesting an adjournment of a small claim in the District Court?

I have a small claim against an electrical retailer relating to a purchase 12 months ago. They only ever responded to the initial correspondence from the Small Claims Court (SCC) Registrar. Subsequent correspondence was ignored.

The case is now listed for hearing in April. Unfortunately, I am unable to attend as I will be abroad due to prior work commitments. I spoke to the SCC registrar and she advised me to write to the respondent asking if they are agreeable to an adjournment. Now, if they haven't replied to date, I don't think they'll be too inclined to respond to me now. She told me to copy her and she'll put a copy of the correspondence on file.

Has anybody ever been in this position of needing an adjornment and if so, how did you go about it?

What could happen on the hearing day? I'm reckoning one of:
(a) the case will be struck out (and I can lodge it again again?);
(b) the case will be dismissed (assuming this is different to (a)) and that will be the end of it;
(c) the judge will grant me an adjournment and I'll have another day in court.

Cheers.

[searched aam and could only find this thread relating to one party not showing up]
 
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