The Queensland Court of Appeal refused leave to appeal where the applicant's solicitor had no instructions, the applicant had not provided funds for the hearing, and no formal adjournment application was made. Morrison JA emphasised that even where a party is embarrassed by lack of funds, they may not ignore court processes, and the failure to even prepare the appeal record evidenced want of prosecution. The Court exercised its power under r 766 UCPR to dismiss the application.
The full text is available to signed-in members, including the 1 later case that cites this judgment.