Catchwords:

CIVIL PROCEDURE — Court of Appeal — Application for leave to appeal against interlocutory judgment or order — second respondent significantly ill — participation in court proceedings likely to aggravate medical conditions — primary judge made order under UCPR r 35.2(3) entitling parties to rely on second respondent’s affidavit without him being available for cross-examination — hearing adjourned until April 2027 and affidavit not yet read or tendered — applicant sought leave to appeal against order — no issue of principle — primary judge adequately considered alternative of cross-examination via audio-visual link — application premature in circumstances