14 Oct 2024
The application for leave to appeal was refused because the applicant failed to show a reasonable prospect of success under s63A(2); the trial judge's factual findings were not shown to be plainly wrong and the applicant only reasserted rejected arguments without addressing the judge's reasons; no other fairness justification existed to permit an appeal.
26 Sept 2024
The court held that (1) the defendant's late legal aid application did not justify further suspension where prior applications were rejected and no adequate explanation for delay was given, so DCCJ 5505/2023 was ordered to resume; (2) settlement conference/FDR limits required termination of the remaining confidential FDR process where one party withdrew, and unresolved cases must be referred to case management by a different judge free of FDR involvement; and (3) only post-22 August 2024 evidence was admissible on the appeal absent special reasons, applying the Ladd v Marshall test.
26 Sept 2024
The court ruled that (a) the defendant's second late legal aid application did not justify further suspension — DCCJ 5505/2023 is ordered to proceed and the 42-day statutory suspension does not extend indefinitely where the applicant offers no good reason for delay; (b) fresh evidence on appeal is limited to events after 22 August 2024 and other evidence is not admitted absent Ladd v Marshall grounds; (c) matters arising from a settlement conference (FDR) that are contested should be transferred to another judge to preserve confidentiality and impartial case management; (d) the remaining 11 u…
5 Mar 2024
The appeal was dismissed because the appellant failed to establish any exceptional circumstance to justify staying execution: the alleged refinancing was speculative and unsupported, the leaking case was irrelevant and unlikely to produce timely financing, the appellant repeatedly abused process to delay enforcement, and the judgment creditor is entitled to enforce the 2021 judgment and subsequent warrants; accordingly a stay would improperly deprive the creditor of its rights.