Dekkan v Picciau

[2008] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Adjournment
3. › Refusal of adjournment
4. › Appellate intervention in discretionary judgment
5. › Whether refusal resulted in denial of justice
6. › Balance of prejudice between parties
1. Practice and Procedure
2. › Procedural fairness
3. › Trial proceeding in absence of party
4. › Withdrawal of solicitor's retainer during hearing
5. › Whether party given reasonable opportunity to present case
1. Appeal
2. › Standard of appellate review
3. › Discretionary judgments
4. › Application of House v The King principles to refusal of adjournment
1. Practice and Procedure
2. › Apprehended bias
3. › Whether refusal of adjournment demonstrates reasonable apprehension of bias

Quick Take

A trial judge's refusal to adjourn proceedings will be assessed under the House v The King framework for appellate review of discretionary decisions. A solicitor's failure to prepare for a hearing, based on an assumption that an adjournment would be granted, does not entitle the client to an adjournment to the prejudice of the opposing party. A party generally bears responsibility for the conduct of their solicitor in the context of adjournment applications.