Awad v Awad

[2026] NSWCA 196

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. APPEALS — Procedure — Adjournment — Various applications for adjournment of the hearing of summons seeking leave to appeal and notice of motion — Adjournment application by applicants refused — Separate adjournment application by first respondent granted

When considering an adjournment application under s 58 of the Civil Procedure Act 2005 (NSW), the court must act in accordance with the dictates of justice, including the overriding purpose of facilitating the just, quick and cheap resolution of the real issues in the proceedings.
A self-represented litigant who was personally present at a hearing and has a broad recollection of the events may be afforded a reasonable but not unlimited period to compare recollections with an official transcript; 48 hours was held sufficient on the facts.
The ongoing depletion of a modest estate's value through procedural delay is a relevant factor weighing against adjournment in probate proceedings.