Newell v Lawcover Insurance Pty Ltd

In *Newell v Lawcover Insurance Pty Ltd*, the appellants sought an adjournment of the hearing of their appeal, which was listed to be heard on 15 June 2018. The adjournment was sought to allow the appellants to challenge certain findings made by the primary judge. The central dispute revolved around whether the appeal should be stayed pending the outcome of a special leave application to the High Court, and whether section 91 of the *Evidence Act 1995* (NSW) would prevent the appellants from challenging those primary findings.

The Court of Appeal was required to determine two key legal issues. Firstly, whether the hearing of the appeal should be adjourned to await the determination of the appellants' application for special leave to appeal to the High Court. Secondly, the Court had to consider whether section 91 of the *Evidence Act 1995* (NSW) would operate to preclude the appellants from challenging the findings of the primary judge in the appeal.

The Court confirmed the order made on 15 June 2018 refusing the application for adjournment. The Court's reasoning, though not detailed in the provided text, implicitly found that the grounds for adjournment were not sufficiently compelling to warrant a stay of the appeal proceedings. Furthermore, the refusal of the adjournment suggests the Court was not persuaded that section 91 of the *Evidence Act 1995* (NSW) presented an insurmountable impediment to the appellants' ability to pursue their appeal.

Consequently, the Court ordered that the application for adjournment be refused and that the appellants pay the costs of the notice of motion.