SYKES v MAVRIDIS SYKES v HOUTKAMP SYKES v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1988] NSWCA 151

SYKES v MAVRIDIS SYKES v HOUTKAMP SYKES v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 30 September 1988, 30 September 1988 [1988] NSWCA 151

DISTRICT COURT — appeal — trial judge orders postponement of continuation of trial — does so on basis of counsel's convenience and need for a transcript of evidence to date — application for interlocutory order in support of proposed appeal against such order — psychiatric evidence that trial should be concluded promptly — held: Interlocutory relief refused (1) as unwarranted disturbance of discretion of trial judge; (2) as possibly futile; and (3) as possibly unavailable in the Court of Appeal. Fraser Credits Pty Ltd v Osterburg-Olsen [1970] 1 NSWLR 121, 123. District Court Act 1973, s120. Supreme Court Act, 1970, s46.

ORDERS Summons dismissed with costs.

Kirby P At a late hour on a Friday afternoon application is made to me for an order to provide interlocutory relief to a plaintiff in the middle of a trial in the District Court.

An interrupted trial in the District Court The trial concerns claims for damages brought by Patricia Sykes against three defendants. The proceeding is before Judge Newton. It is for assessment. The case is part heard. I am exercising the powers of the Court of Appeal pursuant to s46 of the Supreme Court Act 1970.

When the trial in the District Court was listed, it was estimated that the case would last three days. However, more witnesses were called than were expected by the plaintiff when that estimate was given. Accordingly, by 3.30 pm today, the third day of the trial, it became clear that the matter would not be completed today. At that point the question arose as to what would occur for the further hearing of the case. I have no formal evidence before me of what transpired before Judge Newton. The delays in the provision of transcripts of proceedings in the District Court run into weeks rather than hours.