Bobolas v Waverley Council (No 3)

In *Bobolas v Waverley Council (No 3)*, the appellants sought an adjournment of the hearing of their appeal before Basten and Leeming JJA and Tobias AJA. The application was made for three principal reasons: to allow the filing of written submissions in reply to those of the respondent Council and the amicus curiae, to obtain legal advice regarding the matters raised on appeal, and to amend their notice of appeal.

The Court was required to determine whether the circumstances warranted an adjournment of the appeal hearing. This involved considering the appellants' delay in filing their own written submissions, their alleged medical issues, their efforts to obtain legal advice, and their request to amend the notice of appeal.

Basten JA, delivering the judgment of the Court, refused the application for adjournment. His Honour noted that the appellants had ample opportunity to file written submissions, which were due in July of the previous year, and that numerous directions had been given by the Registrar regarding their filing. The Court found it inappropriate to grant an adjournment to allow a response to the Council's submissions, which were filed only recently and in circumstances where the appellants had not yet filed their own. Regarding the request for legal advice, the Court held that sufficient time had already been afforded for this, and that the appellants' attempts to secure legal aid did not necessitate further delay. Finally, the Court considered the application to amend the notice of appeal, concluding that it was too late to seek such leave, as adequate opportunity had already been provided. Consequently, the application for adjournment was refused.