Lee v The State of Western Australia

The plaintiff, Jeffrey Stewart Lee, sought an adjournment of a listed hearing in four matters before the Supreme Court of Western Australia, which was opposed by the defendants and respondents. The application was made by email on 29 May 2023, without any application being filed by Mr Lee and without conferral with the solicitors for the other parties. The adjournment application was made on the basis of Mr Lee's medical condition, which allegedly rendered him unfit to attend court for the next month. The application was opposed by the defendants and respondents, who submitted that the issues that had been listed for hearing could now appropriately be determined by the court on the papers, rather than having them adjourned. The court considered the explanation provided by Mr Lee for the adjournment request to be vague at best. Further, the material adduced by Mr Lee to support the adjournment request was unsatisfactory and inadequate. The court considered the prejudice which may be suffered by the defendants and respondents in the event the hearing was adjourned for some months. It also considered the nature and importance of the application which was to be addressed by the court. The court concluded that it was not appropriate that the important issue arising under the Bankruptcy Act, which impacts whether the proceedings should remain stayed or whether Mr Lee may continue with them, be held over. It should be determined promptly, in fairness to all parties. The court therefore dismissed the adjournment application, save as to the matter dealt with in order 4 below. The plaintiff's application for leave to proceed with the action be heard and determined on the papers and the hearing listed for 1 June 2023 be vacated.