Scott v Handley [1999] FCA 404

FEDERAL COURT OF AUSTRALIA

Scott v Handley [1999] FCA 404 PRACTICE AND PROCEDURE – appeal from refusal by trial judge of adjournment – exercise of Court's discretion – role of appellate court – Crown as litigant – standard of conduct to be observed.

Judiciary Act 1903(Cth) s 39B Social Security Act 1991 (Cth) s 100(2) Administrative Appeals Tribunal Act (Cth) 1975 s 44 Sali v SPC Ltd (1993) 116 ALR 625 at 628-629 applied, 631, 635 referred to Cropper v Smith (1884)26 Ch D 700 at 710-11 referred to Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 applied R v Thames Magistrates' Court, ex parte Polemis [1974] 2 All ER 1219 referred to Squire v Rogers (1979) 27 ALR 330 at 337, 338 referred to Sackville-West v Attorney-General (1910) 128 LT Journ 265 referred to Maxwell v Keun [1928] 1 KB 645 at 650 referred to Conroy v Conroy [1917] 17 SR (NSW) 680 at 683 referred to Neil v Nott (1994) 121 ALR 148 at 150 referred to Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 at 342 referred to Yong v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155 at 166 referred to Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 at 196-197 referred to SCI Operations Pty Ltd v Commonwealth of Australia (1996) 69 FCR 346 at 368 referred to Director of Public Prosecutions (Cth) v Saxon (1990) 28 NSWLR 263 at 267, 268 referred to Kenny v State of South Australia (1987) 46 SASR 268 at 273 referred to Logue v Shoalhaven Shire Council [1979] 1 NSWLR 537 at 558-559 referred to P & C Cantarella Pty Ltd v Egg Marketing Board (NSW) [1973] 2 NSWLR 366 at 383-384 referred to R v Tower Hamlets London Borough Council, Ex parte Chetnik Developments Ltd [1988] 1 AC 858 at 876-877 referred to RALPH SCOTT and SOPHIE SCOTT v JR HANDLEY, SENIOR MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL & SECRETARY, DEPARTMENT OF SOCIAL SECURITY VG 593 and VG 594 of 1998 SPENDER, FINN and WEINBERG JJ MELBOURNE 13 APRIL 1999