Mahaffy v Mahaffy [2017] NSWCA 199

Mahaffy v Mahaffy [2017] NSWCA 199

The adjournment was refused because the appeal was already at an advanced stage, the appellant's principal written and oral submissions had been completed, no basis was shown for supplementing the appeal material with additional documents, the prospect of legal aid was of little significance at that stage, and any inability to attend in person could be addressed by telephone appearance.

Jurisdiction
Australia
Judgment Date
09 August 2017
Procedural Posture
Contempt Appeal / Application to Adjourn the Hearing of 15 August 2017, Determined on the Papers
Outcome
Application for adjournment refused.
Legal Topics
['adjournment' 'practice and Procedure' 'appeal by Way of Rehearing or Appeal in Its True Sense' 'additional Evidence on Appeal' 'self Represented Litigants']
['contempt' 'civil Procedure'] ['adjournment' 'practice and Procedure' 'appeal by Way of Rehearing or Appeal in Its True Sense' 'additional Evidence on Appeal' 'self Represented Litigants']

Case Brief

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Procedural Posture

Contempt Appeal / Application to Adjourn the Hearing of 15 August 2017, Determined on the Papers

Legal Issues

  1. 1 ['Whether the further hearing of the appeal fixed for 15 August 2017 should be adjourned for at least 6 weeks.' "Whether the appellant's asserted need for legal representation, possible legal aid, inability to travel, and alleged need for additional documents justified an adjournment."]

Ratio Decidendi

The adjournment was refused because the appeal was already at an advanced stage, the appellant's principal written and oral submissions had been completed, no basis was shown for supplementing the appeal material with additional documents, the prospect of legal aid was of little significance at that stage, and any inability to attend in person could be addressed by telephone appearance.

Court Disposition

Application for adjournment refused.

Orders

  • ['Refuse the application to adjourn the hearing of 15 August 2017']