APPEAL - application for leave to appeal - no arguable basis to challenge judgment at first instance - no issue of principle - leave refused
Quick Take
1Where an applicant had an appeal as of right from a judgment for possession of mortgaged land and a money sum, and did not file a notice of appeal, the grant of leave to appeal is inappropriate.
2A primary judge's discretionary decisions to proceed with a hearing in a party's absence, and to remove a lay assistant from the bar table and the courtroom, will not be disturbed absent identified error. On the facts, it was relevant that no acceptable excuse was given after several prior adjournments for the party's indisposition, and that the absent party had lodged lengthy written submissions.
3Leave to appeal will be refused where the applicant shows no arguable prospect of success. On the facts, the asserted grounds of apparent bias and a failure to adjourn for a s 78B Judiciary Act 1903 (Cth) notice disclosed no arguable basis, since no constitutional matter arose.
