The Court refused an extension of time to appeal from a Local Court decision refusing to vacate a hearing date, finding no House v King error in the magistrate's exercise of discretion. The Court held that the magistrate properly considered the prejudice to the applicant of proceeding without evidence, but was entitled to weigh that against the applicant's repeated failures to comply with timetable orders and the flawed legal basis for the adjournment application (a misconstruction of s 206A of the Corporations Act as precluding a disqualified director from giving evidence). The five-month delay in filing the appeal was unexplained for a significant period, the appeal lacked merit on all three grounds, and the respondent held a vested right to retain the judgment.
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