A party who has been given sufficient opportunity to present their case through written submissions and multiple prior hearing dates, but who has repeatedly failed to attend without adequate explanation, cannot complain of a denial of procedural fairness when the court declines to grant a further adjournment and determines the application on the papers. A medical certificate stating unfitness to 'speak publicly' due to a lip infection, without stating inability to speak at all, is an inadequate evidentiary foundation for an adjournment. Failure to respond to a notice to admit facts within a particular time does not give rise to deemed admissions under O 30 of the Rules of the Supreme Court 1971 (WA).
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