Soloman v Savage

[2018] NSWCA 249

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Adjournment
3. › Refusal of adjournment
4. › Hearing in absence of party
5. › Whether denial of procedural fairness
6. › Whether evidence established inability of solicitor or counsel to attend
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 7.29, 8.2, 36.16
1. Practice and Procedure
2. › Natural justice
3. › Procedural fairness
4. › Opportunity to be heard
5. › Whether procedural fairness requires party to actually be heard
6. › Whether opportunity to be heard was afforded
1. Practice and Procedure
2. › Judgments and orders
3. › Judgment in absence of party
4. › Setting aside
5. › Availability of application to set aside under UCPR r 36.16(2)(b)
6. › Whether availability of remedy relevant to assessment of procedural fairness

Quick Take

Where a party alleges denial of procedural fairness due to inability to attend a hearing, the onus lies on that party to establish not only why they personally could not attend but also why their solicitor, counsel, or any agent could not appear on their behalf; the mere filing of a notice of motion to adjourn does not create an entitlement to an adjournment.