Mackenzie v Head, Transport for Victoria (Ruling)

[2021] VSCA 24

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Adjournment
3. › Application to adjourn appeal hearing
4. › Pending determination of related proceeding by different plaintiff
5. › Whether proceedings raise independent issues
6. › Whether determination of other proceeding would be decisive or render appeal futile
7. › Delay and prejudice
8. › Modern case management principles
9. › Civil Procedure Act 2010 (Vic), ss 7, 9
1. Practice and Procedure
2. › Case management
3. › Overarching purpose
4. › Just, efficient, timely and cost-effective resolution
5. › Balancing exercise on adjournment applications
6. › Interests of parties, non-parties and the legal system
7. › Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
1. Practice and Procedure
2. › Costs
3. › Costs of unsuccessful adjournment application
4. › Whether costs should follow the event or be costs in the proceeding
5. › Self-executing indemnity costs order for non-compliance with timetable
6. › Supreme Court (General Civil Procedure) Rules, r 63.20
1. Practice and Procedure
2. › Amendment
3. › Application to amend application for leave to appeal
4. › Additional grounds of appeal

Quick Take

An application to adjourn an appeal pending determination of a separate proceeding by a different plaintiff concerning the same subject matter will be refused where the two proceedings raise largely independent legal issues and it is speculative whether the outcome of the other proceeding would impact the appeal. The applicant must demonstrate that the other proceeding would be decisive or render the appeal futile, not merely that it would be 'better' for the court to have the benefit of findings in the other proceeding.