Vasiljkovic v The Honourable Brendan O'Connor [2011] FCAFC 112

Vasiljkovic v The Honourable Brendan O'Connor [2011] FCAFC 112

The adjournment was refused because the appellant had ample opportunity to seek other counsel, provided no evidence of inquiries made and no explanation for Senior Counsel's unavailability, the issues on appeal were within short compass and could be argued by Mr Dennis, and an adjournment would prejudice the respondents and prolong an extradition request outstanding since 2006 without confidence that it would serve any useful purpose.

Jurisdiction
Australia
Judgment Date
22 August 2011
Procedural Posture
Appeal From the Federal Court of Australia; Notice of Motion for Adjournment / Application for Adjournment of the Hearing of the Appeal
Outcome
Application for an adjournment refused.
Legal Topics
['adjournment' 'unavailability of Counsel' 'prejudice to Respondents' 'costs' 'extradition Request']
['practice and Procedure'] ['adjournment' 'unavailability of Counsel' 'prejudice to Respondents' 'costs' 'extradition Request']

Case Brief

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Procedural Posture

Appeal From the Federal Court of Australia; Notice of Motion for Adjournment / Application for Adjournment of the Hearing of the Appeal

Legal Issues

  1. 1 ["Whether the hearing of the appeal should be adjourned because the appellant's Senior Counsel was no longer available." "Whether the absence of explanation for counsel's unavailability and absence of evidence about attempts to engage other counsel justified refusing an adjournment." 'Whether delay and prejudice to the respondents weighed against granting an adjournment.']

Ratio Decidendi

The adjournment was refused because the appellant had ample opportunity to seek other counsel, provided no evidence of inquiries made and no explanation for Senior Counsel's unavailability, the issues on appeal were within short compass and could be argued by Mr Dennis, and an adjournment would prejudice the respondents and prolong an extradition request outstanding since 2006 without confidence that it would serve any useful purpose.

Court Disposition

Application for an adjournment refused.

Orders

  • ['The application for an adjournment is refused.']