Smith v Gannawarra Shire Council and Anor

[2002] VSCA 69

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Adjournment
3. › Refusal to vacate trial date
4. › Whether refusal caused substantial injustice
5. › Whether party unable properly to present case
6. › Circumstances in which appellate court will interfere with trial judge's discretion
1. Practice and Procedure
2. › Case management
3. › Balancing expedition against interests of justice
4. › Whether case management considerations may prevail over party's right to present case
5. › Test case of general importance
1. Appeal
2. › Leave to appeal
3. › Interlocutory and discretionary orders
4. › Practice and procedure
5. › Test for leave — whether decision wrong or attended by sufficient doubt and substantial injustice would result

Quick Take

Case management considerations and the public interest in expeditious resolution of litigation, even in a test case of general importance, cannot prevail over the substantial injustice of requiring a party to proceed to trial when unable properly to present its case due to the unavailability of its principal expert witness. Where a test case is involved, the public interest itself requires that the court be fully informed, which may favour adjournment rather than expedition.