Enterprise ICT Pty Ltd v Pham (No 1)

Enterprise ICT Pty Ltd and another (appellants) sought an adjournment of an appeal hearing against the respondents, citing ill health and competing responsibilities, and the first appellant's lack of legal representation. The application was made approximately one week before the scheduled hearing. The court was required to determine whether to grant the adjournment, considering factors such as the timing of the application, the appellants' alleged ill health and competing responsibilities, the first appellant's lack of legal representation, and whether the appellants had recently acquired the means to pay for representation. The court also had to consider the prejudice to the respondents.

The Court of Appeal of New South Wales, comprising Basten and Meagher JJA and Emmett AJA, dismissed the application to adjourn the hearing of the appeal. The court's reasoning, which was reserved for the final judgment, focused on the relevant factors for granting an adjournment, including the prejudice to the respondents. The court also dismissed an application to add a judgment of Slattery J to the proceedings, while otherwise adjourning an application concerning fresh evidence to the hearing of the appeal.

Leave was granted for Mr Robert Sebie to appear for the first appellant, and Nadine Musabwasoni was joined as a respondent to the appeal. Leave was also granted for the first and second respondents to file an affidavit of John Bui. The costs of the application were ordered to be the respondents' costs in the appeal.