Maxwell v Steele

Maxwell sought leave to appeal against the decision of a lower court that dismissed his action against the Steeles. The action arose from a dispute over the sale of a property. Maxwell claimed the Steeles failed to disclose material facts about the property. The Steeles denied the claim and argued that Maxwell's action was statute-barred. The lower court held that Maxwell had not discharged the onus of showing that the Steeles were aware of the material facts they were required to disclose and that Maxwell's action was statute-barred.

The court was required to determine whether Maxwell had grounds for leave to appeal. The appeal was heard by a single judge. During the hearing, Maxwell had a coughing attack, and the parties discussed the need to press ahead with the hearing. Maxwell submitted that the coughing attack impeded his ability to participate in the hearing and that he was not given a fair hearing. The court needed to consider whether the coughing attack affected the hearing and whether Maxwell had been given a fair hearing.

The court found that there was no impediment to Maxwell's ability to participate in the hearing, and his coughing attack did not affect the hearing. The court held that the need to press ahead with the hearing was discussed and that Maxwell had an opportunity to present his case. The court held that Maxwell had been given a fair hearing. The court noted that Maxwell did not raise any error of fact or law and dismissed the application for leave to appeal.

The court dismissed Maxwell's application for leave to appeal and made no orders as to costs.