Kearney v Amirbeaggi

The applicant, Kearney, sought leave to appeal against interlocutory orders made in the Common Law Division, including an order refusing to adjourn proceedings. The dispute arose when new psychiatric evidence emerged suggesting that continuing the proceedings would adversely impact the applicant's mental health.

The primary legal issue before the appellate court was whether it should interfere with the trial judge's case management decision to refuse an adjournment, particularly in light of the new psychiatric evidence. This involved considering whether the refusal to adjourn risked a miscarriage of justice and whether a stay of proceedings was warranted pending the determination of the application for leave to appeal.

Brereton JA determined that an appellate court may intervene in a case management decision of a trial judge if it is necessary to prevent a possible miscarriage of justice. Applying this principle, and considering the interests of justice, the court granted leave to amend the summons to include an appeal from the orders of 10 June 2022, adjourned the hearing of the application for leave to appeal, and ordered a stay of the proceedings in the Common Law Division until that hearing.