Klewer v Walton

The Supreme Court of New South Wales, Court of Appeal, heard an application for leave to appeal in the matter of *Klewer v Walton*. The dispute concerned the refusal of an adjournment request made by an unrepresented litigant who was involved in other proceedings.

The Court was required to determine two primary legal issues. Firstly, whether the refusal of the adjournment request constituted an error that vitiated the decision. Secondly, the Court considered whether the refusal of leave to cross-examine a witness on their previous written statement, where that witness was called by the party, was an error.

In relation to the adjournment, the Court noted that the request was communicated late to the opposing party and there was no communication with or appearance before the court. The Court found no error in the refusal of the adjournment. Regarding the hearsay evidence, the Court determined that the refusal to grant leave to cross-examine the witness on their previous written statement did not constitute an error that vitiated the decision.

The application for leave to appeal was dismissed with costs.