Catchwords:

CIVIL PROCEDURE — Hearings — Adjournment —Where primary judge made observations about lawfulness of access to a computer system by a witness called by the appellants and the implications for the appellants’ legal representatives in adducing that evidence — After taking advice counsel acting for appellants withdrew from proceedings and foreshadowed an application to seek leave for the instructing solicitors to withdraw — Application to adjourn proceedings to enable new legal representatives to be briefed — Primary judge prepared to adjourn the proceedings for only three business days to enable new legal representatives to be briefed — Held, granting leave to appeal and allowing the appeal, that the primary judge’s reasons for refusing a longer adjournment revealed errors of a kind in House v R and the discretion miscarried