Gabrielle v Abood (No 3)

Gabrielle (the applicant) sought leave to appeal a decision of a single judge of the Supreme Court of Victoria that refused an application for an adjournment and consequently dismissed a cross-summons. The appeal was heard by Bell CJ, Kirk and Adamson JJA.

The primary legal issue before the Court of Appeal was whether the single judge erred in refusing the adjournment and dismissing the cross-summons. This involved considering whether the decision was unreasonable or plainly unjust, and whether any material considerations were ignored, thereby constituting an error in the sense described in *House v The King*.

The Court of Appeal determined that the single judge's decision was not unreasonable or plainly unjust. It found that no material considerations had been ignored and that the threshold for demonstrating an error of the kind contemplated in *House v The King* had not been met. Accordingly, leave to appeal was refused.

The Court ordered that leave to appeal be refused and that the applicant pay the costs of the first to third respondents.