The Prothonotary of the Supreme Court of New South Wales v. Sukkar

The Prothonotary of the Supreme Court of New South Wales brought proceedings against Mr Sukkar. The dispute concerned an application for an adjournment of proceedings, which was refused by the primary judge, though the opportunity for written submissions was preserved. The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing the application for an adjournment. This involved considering the principles governing the grant or refusal of adjournments in litigation and whether the circumstances of this particular case warranted such an adjournment.

The Court of Appeal dismissed the Notice of Motion, finding that the primary judge had not erred in refusing the adjournment. The Court reasoned that the primary judge had properly exercised their discretion, having regard to the available information and the need to progress the litigation. The opportunity for written submissions was considered a sufficient alternative to an oral hearing in the circumstances. Consequently, the opponent was ordered to pay the costs of the Notice of Motion.