Bechara v Pogorzelska

The applicant, a solicitor, sought leave to appeal against several interlocutory orders made against him in the Equity Division. The application for leave to appeal and related notices of motion were heard by Basten JA and Bergin CJ in Eq.

The primary legal issues before the court were whether to grant the applicant's request for an adjournment of the hearing of the application for leave to appeal, and consequently, whether to dismiss the application for leave to appeal and the associated notices of motion. A further issue was whether the applicant should be ordered to pay the costs of the respondents on an indemnity basis.

The court refused the applicant's application for an adjournment. In light of this refusal, the court proceeded to dismiss the summons seeking leave to appeal and the applicant's notice of motion. The court reasoned that the applicant's non-attendance at the hearing, coupled with the refusal of the adjournment, meant the proceedings could not be heard. Consequently, the court ordered that the applicant pay the costs of the first and third respondents and the second respondent, to be assessed on an indemnity basis.