Woodhouse v Thalis

[2018] NSWCA 97

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Applications for adjournment
3. › Non-appearance of party
4. › Medical evidence of inability to attend
5. › Whether medical evidence demonstrates applicant unable to appear
6. › Interests of justice
7. › History of prior adjournment applications
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decisions
4. › Extension of time to appeal from tribunal decision
5. › Whether proposed appeal has prospects of success
6. › Whether utility in granting leave
7. › Supreme Court Act 1970 (NSW), s 101
1. Practice and Procedure
2. › Appeals from tribunals
3. › Extension of time
4. › Whether discretion to extend time would be exercised differently on re-hearing
5. › Civil and Administrative Tribunal Act 2013 (NSW), ss 83, 84

Quick Take

A medical certificate stating it would be 'ideal' to delay a hearing or that attendance would be 'ineffective' is insufficient to establish that a party is unable to attend court for medical reasons, particularly where there is a history of adjournment applications on questionable bases.