Chan v Harris (No 2)

The case of Chan v Harris (No 2) was heard before the Supreme Court of Victoria. The dispute involved an application by the applicant, Chan, to stay an interlocutory judgment against him. The applicant sought to challenge the judgment on various grounds, including an alleged error in the judgment, the absence of leave to appeal, and claims of judicial misconduct and bias. Chan also applied for an adjournment to prepare his case further and for a notice of appearance to be submitted.

The court was required to determine whether the judgment disclosed an error, whether an appeal was reasonably arguable, and if there were special or exceptional circumstances warranting leave to appeal. Additionally, the court needed to assess whether there was a reasonable apprehension of bias or judicial misconduct and whether Chan had been given an adequate opportunity to prepare and present his case. The court also needed to decide on the validity of the adjournment application and the submission of a notice of appearance.

The court found that the judgment did not disclose an error and that an appeal was not reasonably arguable due to the absence of special or exceptional circumstances. The court dismissed the unparticularised and unsubstantiated allegations of judicial misconduct and bias, as there was no reasonable apprehension of bias. The application for an adjournment was refused as Chan had been given an adequate opportunity to prepare his case. The notice of appearance was also dismissed as it was not substantiated.

The court dismissed the applications made by Chan and refused the orders sought in prayers three and four of the notice of motion filed on 24 November 2010. The notice of motion filed on 28 January 2011 and the notice of motion filed on 2 February 2011 were also dismissed.