› Whether leave should be granted where trial adjourned pending appeal
› Whether impact of delay on defendant's psychiatric condition outweighs plaintiff's right to raise relevant matters
Practice and Procedure
› Appeals
› Interlocutory orders
› Leave to appeal
› Refusal to allow delivery of reply
› Court of Appeal treating matter as original application
Quick Take
1Where a trial has been adjourned pending an interlocutory appeal against refusal of leave to amend pleadings, the appellate court may approach the matter as an original application in light of the changed circumstances.
2A defendant's psychiatric condition and the stress of ongoing litigation, while relevant, do not outweigh a plaintiff's right to raise matters plainly relevant to the primary issue in a defamation action.
