LEGAL PRINCIPLE: CIVIL PROCEDURE – Nullity of Proceedings – Failure to Serve Hearing Notice
PRINCIPLE STATEMENT
Where notice of any proceeding is required, failure to notify any party is a fundamental omission which entitles the party not served and against whom any order is made in their absence to have the order set aside on the ground that a condition precedent to the exercise of jurisdiction for making the order has not been fulfilled.
RATIO DECIDENDI (SOURCE)
"Where notice of any proceeding is required, failure to notify any party is a fundamental omission which entitles the party not served and against whom any order is made in his absence to have the order set aside on the ground that a condition precedent to the exercise of jurisdiction for the making of the order has not been fulfilled."
EXPLANATION / SCOPE
This reiterates and reinforces Principle 243. Service of hearing notice is a jurisdictional prerequisite—without it, courts lack jurisdiction to make orders affecting the unserved party. The failure is “fundamental” because: it violates natural justice (audi alteram partem—hear the other side), denies fair hearing rights (constitutional/common law), and prevents parties from defending their interests. The remedy is automatic: unserved parties can have orders set aside without showing: prejudice (the non-service itself is prejudice), that they would have succeeded if present, or other conditions. The ground is jurisdictional—condition precedent to jurisdiction wasn’t fulfilled. “Required” means statutory rules, court orders, or natural justice demands notice. Even if the unserved party later learns of proceedings, the defect remains—they weren’t notified as required. This protection ensures: parties know about proceedings affecting them, opportunities to participate and be heard, and procedural fairness. Courts must verify proper service before proceeding.