STEFANOVIC v PETROVIC [1989] NSWCA 197

STEFANOVIC v PETROVIC [1989] NSWCA 197

The appellant's actions concerning changing counsel and introducing new issues at the last minute do not constitute adequate grounds for adjournment. No special grounds exist to justify receiving further evidence, especially where it goes only to credit.

Parties
Appellant: Stefanovic; Respondent: Petrovic
Jurisdiction
Australia
Judgment Date
30 October 1989
Procedural Posture
Appeal / Application for Adjournment
Outcome
application refused
Legal Topics
Adjournment, Fresh Evidence, Appeals
Civil Procedure Adjournment Fresh Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Stefanovic

Appellant

Petrovic

Respondent

Procedural Posture

Appeal / Application for Adjournment

Legal Issues

  1. 1 Whether an adjournment of the appeal should be granted
  2. 2 Whether fresh evidence or new grounds may be raised on appeal

Ratio Decidendi

The appellant's actions concerning changing counsel and introducing new issues at the last minute do not constitute adequate grounds for adjournment. No special grounds exist to justify receiving further evidence, especially where it goes only to credit.

Court Disposition

application refused

Orders

  • The application for adjournment is refused.