Jamal v Commissioner of Police (NSW) [2016] NSWCA 345

Jamal v Commissioner of Police (NSW) [2016] NSWCA 345

The court granted the adjournment because the respondent did not oppose and the applicant provided medical documentation, but signalled that indefinite adjournments may not be granted if the applicant is unable to attend and does not consent to the leave application being dealt with on the papers, and the court may exercise its power to dispense with consent requirement under s 14 of the Civil Procedure Act.

Jurisdiction
Australia
Judgment Date
08 December 2016
Procedural Posture
Application for Leave to Appeal / Adjournment Application Before Hearing of Leave to Appeal
Outcome
adjournment granted; hearing to be relisted; costs order made
Legal Topics
['adjournment' 'leave to Appeal' 'dispensation of Rules' 'court Powers']
['civil Procedure'] ['adjournment' 'leave to Appeal' 'dispensation of Rules' 'court Powers']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Adjournment Application Before Hearing of Leave to Appeal

Legal Issues

  1. 1 ['Whether an adjournment should be granted for medical reasons' "Whether the leave application may be dispensed with hearing on the papers without applicant's consent" 'Whether the Court may dispense with requirements under Uniform Civil Procedure Rules 2005, r 51.15']

Ratio Decidendi

The court granted the adjournment because the respondent did not oppose and the applicant provided medical documentation, but signalled that indefinite adjournments may not be granted if the applicant is unable to attend and does not consent to the leave application being dealt with on the papers, and the court may exercise its power to dispense with consent requirement under s 14 of the Civil Procedure Act.

Court Disposition

adjournment granted; hearing to be relisted; costs order made

Orders

  • ["Grant the applicant's request for an adjournment of the hearing fixed for 8 December 2016." 'Direct that the Registrar fix a date for the hearing of the application for leave to appeal in February 2017.' "The respondent's costs of today to be the Commissioner's costs in the leave application."]