DEKKAN v PICCIAU [2008] NSWCA 18

New South Wales Court of Appeal

CITATION: DEKKAN v PICCIAU [2008] NSWCA 18

HEARING DATE(S): 21 February 2008

JUDGMENT DATE: 3 March 2008

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Basten JA at 3

DECISION: 1. Grant leave to appeal. 2. Dismiss the appeal. 3. Order the applicant/appellant to pay the respondent's costs in this Court.

CATCHWORDS: APPEAL – appeal from refusal of District Court judge to grant adjournment – appellate intervention in discretionary judgment - FURTHER EVIDENCE – evidence tending to show procedural unfairness – denial of truth of statements made by lawyer in court – evidence obtained from lawyer but not addressing statements made – further medical evidence – doctor not called - LEGAL REPRESENTATIVE – retainer for litigation – adjournment application refused – not prepared for trial – withdrawal of instructions – advice given to client – application to withdraw from hearing - PROCEDURAL FAIRNESS – defendant taken to hospital in ambulance in course of hearing – defendant withdrew retainer of solicitor – trial judge refused adjournment – hearing continued in absence of defendant and any legal representative of defendant – balance of prejudice between parties

CATEGORY: Principal judgment

Carryer v Kelly (1969) 90 WN (Pt) 1 (NSW) 566 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577 HG v The Queen [1999] HCA 2; 197 CLR 414 Hamod v Suncorp Metway Insurance Ltd [2006] NSWCA 243 House v The King (1936) 55 CLR 499 CASES CITED: Maxwell v Keun [1928] 1 KB 645 Opitz v Repatriation Commission (1991) 29 FCR 50 Queensland v JL Holdings Pty Ltd [1997] HCA 1; 189 CLR 146 Sali v SPC Ltd [1993] HCA 47; 67 ALJR 841 Sullivan v Department of Transport (1978) 20 ALR 323 Sydney City Council v Ke-su Investments Pty Ltd (1985) 1 NSWLR 246