Recent Cases

Kearney v Amirbeaggi [2022] NSWCA 130 (20 July 2022) (Brereton JA)


APPEALS – Leave to appeal – Appeal against multiple interlocutory orders, relevantly including an order declining to adjourn proceedings after applicant sought and was granted expedition – Where new psychiatric evidence suggests continuance of proceedings would adversely impact applicant’s mental health – Appellate court may interfere with case management decision of trial judge to prevent possible miscarriage of justice – In interests of justice, proceedings below stayed pending hearing of application for leave to appeal; hearing of application for leave to appeal adjourned