Sutherland v Littler [2000] NSWCA 335

Sutherland v Littler [2000] NSWCA 335

No appealable error was shown in the refusal of the adjournment because the application was speculative: the trial judge was not told what the witness's evidence would be, why no immediate subpoena had been served, when the defendant first learned of the witness, or what steps had been taken to assemble witnesses. The application was to stand the matter over rather than stand it down, and in light of what the judge was told the refusal was within discretion.

Jurisdiction
Australia
Judgment Date
21 November 2000
Procedural Posture
Appeal in Assault Proceedings / Appeal From District Court Refusal of Adjournment; Motion to Admit Fresh Evidence
Outcome
Appeal dismissed with costs; motion to admit fresh evidence dismissed with costs.
Legal Topics
['assault' 'adjournment' 'appellate Review of Discretion' 'fresh Evidence']
['torts' 'civil Procedure'] ['assault' 'adjournment' 'appellate Review of Discretion' 'fresh Evidence']

Case Brief

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Procedural Posture

Appeal in Assault Proceedings / Appeal From District Court Refusal of Adjournment; Motion to Admit Fresh Evidence

Legal Issues

  1. 1 ["Whether the District Court judge erred in refusing the defendant's application for an adjournment to call a potential witness." "Whether appealable error was demonstrated in the exercise of the trial judge's discretion." 'Whether the motion to admit fresh evidence should be granted.']

Ratio Decidendi

No appealable error was shown in the refusal of the adjournment because the application was speculative: the trial judge was not told what the witness's evidence would be, why no immediate subpoena had been served, when the defendant first learned of the witness, or what steps had been taken to assemble witnesses. The application was to stand the matter over rather than stand it down, and in light of what the judge was told the refusal was within discretion.

Court Disposition

Appeal dismissed with costs; motion to admit fresh evidence dismissed with costs.

Orders

  • ['The motion to admit fresh evidence is dismissed with costs.' 'The appeal is dismissed with costs.']