PHILLIP YISRAEL v DISTRICT COURT OF NEW SOUTH WALES [1996] NSWCA 572

PHILLIP YISRAEL v DISTRICT COURT OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 29 January 1996

[1996] NSWCA 572

Priestley JA. In this matter I had looked at the file earlier and noticed that it was listed last year some time, and then circumstances, it would seem, were put to the court at that time for the granting of an adjournment. It was stood out of the list and was listed for tomorrow. Mr Yisrael had problems with counsel on the earlier occasion.

I understand the pro bono service run by the Bar resulted in his having Mr Vincent briefed, who had reached the stage of preparing written submissions which were prepared last December, I think, in good time, and was available for the hearing tomorrow until he was taken ill last week. His being taken ill has made it impossible for him to appear tomorrow.

This means that if the case were to proceed tomorrow, other counsel would have to be briefed. From what Mr Nock, who appears for Mr Yisrael this afternoon for the purpose of making an application for adjournment of tomorrow's proceedings, has told me, I gather it would have been possible for the pro bono service to brief somebody today to appear in the appeal tomorrow. Mr Yisrael's instructions to Mr Nock, however, are that he is concerned that anybody briefed today would not be able to be in a positionby tomorrow morning to put the case fully and completely.

As I indicated a little earlier, I do not agree with that view of this case. I do see that it is a view which it is not unreasonable for Mr Yisrael as a layman to have. It is not his fault that his counsel has become ill. It is not unreasonable for him to want counsel to have more time to prepare than would be possible if preparation began now, even although I do not agree that it is necessary for tomorrow's matter to be adjourned in order to have counsel properly ready to present the appeal tomorrow.