STIVACTAS v MICHALETOS [NO 1] [1993] NSWCA 256

STIVACTAS v MICHALETOS [NO 1] [1993] NSWCA 256

The adjournment was granted on strict terms because the delay was not attributable to the appellant, who acted reasonably to secure suitable representation; no irreparable prejudice was shown, and an appropriate order for costs protected the respondent.

Parties
Appellant: Stivactas; Respondent: Michaletos
Jurisdiction
Australia
Judgment Date
13 July 1993
Procedural Posture
Appeal / Interlocutory (application for Adjournment in Court of Appeal)
Outcome
Adjournment granted (majority: Kirby P, Clarke JA; Cripps JA dissenting)
Legal Topics
Adjournment, Appeal, Expedition of Appeal Hearing
Practice and Procedure Adjournment Appeal Expedition of Appeal Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Stivactas

Appellant

Michaletos

Respondent

Procedural Posture

Appeal / Interlocutory (application for Adjournment in Court of Appeal)

Legal Issues

  1. 1 Whether the hearing of the appeal should be adjourned due to the appellant's need for a Greek-speaking barrister and consequent lack of representation
  2. 2 Whether the appellant is personally responsible for delay in prosecuting the appeal
  3. 3 Whether prejudice to the respondent, including age and mental condition, justifies refusal of the adjournment

Ratio Decidendi

The adjournment was granted on strict terms because the delay was not attributable to the appellant, who acted reasonably to secure suitable representation; no irreparable prejudice was shown, and an appropriate order for costs protected the respondent.

Court Disposition

Adjournment granted (majority: Kirby P, Clarke JA; Cripps JA dissenting)

Orders

  • The hearing of the appeal is adjourned.
  • The appeal hearing is to be expedited and listed for Tuesday 27 July 1993 (category B).