Appellate courts will rarely interfere with a trial judge's refusal of adjournment applications, even where the applicant is a self-represented litigant claiming psychological unfitness, provided the judge has properly considered the medical evidence, the litigant's demonstrated capacity, the opposing parties' interests, and the requirements of justice under ss 56-58 of the Civil Procedure Act 2005 (NSW). Expert evidence not adduced at trial cannot be relied upon for the first time on appeal absent evidence explaining why it was not available at trial.
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