Soloman v Savage [2018] NSWCA 249

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Soloman v Savage [2018] NSWCA 249 Hearing dates: 18 October 2018 Decision date: 01 November 2018 Before: Macfarlan JA at [1]; Leeming JA at [2]; Sackville AJA at [58]. Decision: 1. Appeal dismissed with costs.

2. Grant leave to Mr El Khoury to file and serve any submissions and/or evidence within 21 days of today. Catchwords: PRACTICE – refusal of adjournment – notice of motion and affidavit sent to court on day before hearing – affidavit stated that defendant had received menacing text messages threatening him if he attended court – no attendance by defendant or anyone on his behalf – trial judge granted two short adjournments until the afternoon – notice of motion for adjournment then dismissed for want of prosecution – no evidence establishing a solicitor or barrister or agent could not appear – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), Division 3 of Part 7 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules, rr 7.29, 8.2, 36.16, 51.9, 51.28, 51.29 Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (2014) 89 NSWLR 209; [2014] NSWCA 402 Maund v Crown in right of the State of New South Wales [2013] NSWCA 226 McGrath v Troy as administratrix of the estate of the Late Warren Terence Wade [2010] NSWSC 1470 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Reznitsky v Director of Public Prosecutions (NSW) [2014] NSWCA 79 Texts Cited: None Category: Principal judgment Parties: Phillip Aziz Soloman (Appellant) Robin Barry Savage (Respondent) Representation: Counsel: M Mando (Appellant) T Davie (Respondent)