Crowden & Crowden

Crowden & Crowden concerned an appeal to the Full Court of the Supreme Court of Victoria following a single judge's dismissal of an appeal from a Magistrate's decision. The original dispute involved the Magistrate's refusal to grant an adjournment, which the appellant argued was an error. The single judge had dismissed the appeal against this refusal.

The primary legal issues before the Full Court were whether the Magistrate erred in refusing the adjournment, and consequently, whether the single judge erred in dismissing the appeal. The Court was required to consider the principles governing the grant or refusal of adjournments, particularly in light of the decision in *Cheung v The Queen* (1999), and whether the single judge had properly applied these principles when upholding the Magistrate's decision.

The Full Court found that the Magistrate had failed to properly apply the principles for granting adjournments. It held that the single judge had also erred by dismissing the appeal without adequately considering whether the appeal should have been heard, given the Magistrate's error in refusing the adjournment. The Court allowed the appeal, setting aside the single judge's order and remitting the matter for a rehearing before a different judge.