Bobolas v Waverley Council

In the matter of *Bobolas v Waverley Council*, the appellant sought an adjournment of an appeal before the New South Wales Court of Appeal. The basis for this application was the alleged omission of relevant documents from the appeal books that had been prepared for the hearing.

The primary legal issue before the Court was whether to grant an adjournment of the appeal. This required the Court to consider the circumstances surrounding the alleged omission of documents and the potential prejudice to the appellant if the appeal proceeded without them, balanced against the interests of justice and the efficient administration of the court's business.

The Court refused the application for adjournment. While acknowledging the importance of complete appeal books, their Honours were not satisfied that the omissions were so significant as to warrant delaying the appeal. The Court implicitly applied the principle that adjournments are exceptional and should only be granted where necessary to prevent a miscarriage of justice, and that the onus is on the applicant to demonstrate such necessity. The Court's decision indicates that the appellant had not sufficiently established that the alleged omissions would prevent a fair hearing of the appeal.