Kumar v Primes

[2024] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions challenged in appeal from final orders
4. › Whether leave required
5. › Whether interlocutory order affected the final result
6. › District Court Act 1973 (NSW), s 127
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53
1. Civil Procedure
2. › Hearings
3. › Adjournment
4. › Application to vacate hearing date
5. › Refusal of adjournment
6. › Relevance of timing of application
7. › Where applicant self-represented
8. › Whether refusal occasioned substantial wrong or miscarriage of justice
1. Civil Procedure
2. › Pleadings
3. › Amendment
4. › Application to file amended statement of claim at hearing
5. › Where opposing party given four months' notice of proposed amendment
6. › Whether amendment occasioned substantial wrong or miscarriage of justice
1. Appeal
2. › Standard of appellate review
3. › Discretionary decisions on matters of practice and procedure
4. › House v The King principles
5. › Heavy burden on applicant
6. › Whether discretion miscarried

Quick Take

Late adjournment applications face a heavy burden, and failure to adduce evidence of what defence would have been raised or what evidence would have been led is fatal to demonstrating miscarriage of justice on appeal.