McClellan v Horswill

57 ACSR 131; [2020] NSWCA 30

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Supreme Court Act 1970 (NSW), s 101(2)(r)
5. › Whether leave required where matter at issue does not amount to $100,000
6. › Whether denial of procedural fairness has monetary value
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Test for grant of leave
5. › Whether error going beyond merely arguable that occasions injustice
6. › Whether applicant must show deprivation of possibility of successful outcome
1. Practice and Procedure
2. › Adjournment
3. › Refusal of adjournment
4. › Discretionary decision
5. › Whether refusal of adjournment to unrepresented party who was psychiatric inpatient was unreasonable or plainly unjust
6. › Whether primary judge failed to take into account material consideration
7. › House v The King (1936) 55 CLR 499
1. Practice and Procedure
2. › Procedural fairness
3. › Right to be heard
4. › Adjournment refused where party hospitalised
5. › Whether denial of adjournment constituted denial of natural justice
6. › Distinction between fundamental irregularity and discretionary refusal

Quick Take

Practitioners seeking leave to appeal on the basis of a wrongly refused adjournment must also demonstrate that the substantive defence had sufficient merit that the error deprived the applicant of the possibility of a successful outcome.