Ying v Song

In the matter of *Ying v Song*, the appellant sought an adjournment of the appeal hearing. The appellant's counsel had accepted the brief on a pro bono basis at short notice, and it was argued that insufficient time had been afforded to the appellant to adequately prepare for the appeal. The central question before Whealy JA was whether the interests of justice necessitated granting an adjournment, and if so, what prejudice the respondent might suffer as a consequence.

The court was required to determine whether the circumstances presented by the appellant constituted sufficient grounds to justify vacating the scheduled hearing date. This involved balancing the appellant's right to a fair hearing and adequate preparation time against the respondent's interest in the timely resolution of the proceedings and the potential prejudice caused by a further delay.

Whealy JA ultimately ordered that the hearing date for the appeal be vacated and that the matter be placed in the Court of Appeal Registrar's list for case management. The appellant was ordered to pay the costs thrown away by the adjournment, with liberty granted to the respondent to argue at a future date whether these costs should be paid on an indemnity basis.