Procedural history
II. Procedural history
The disciplinary hearing was initially listed between 7-20 December 2022. The appellant did not attend, citing health reasons. The hearing was adjourned on 13 December 2022 and therefore had to be relisted. The hearing date was rescheduled for 17-28 July 2023. It was this hearing that the appellant sought to vacate. The Panel’s refusal of her adjournment application is the central subject of criticism in this appeal.
On 16 February 2024, the appellant emailed the court asking for the appeal not to be listed until she was fit to attend. On 25 October 2024, the appellant emailed the court requesting that the case not be listed until after May 2025 due to her ankle fracture. The appeal was listed for 23 January 2025 restricted to the preliminary issue of whether the appeal was filed on time, but a consent order was approved by Pepperall J vacating the listing. On 24 January 2025, the substantive appeal was listed for 8 May 2025. On 26 April 2025, the appellant emailed the court requesting an adjournment. On 30 April 2025, the appellant filed an N244 application to vacate the 8 May hearing. The respondent filed its objection to the adjournment also on 30 April 2025.
The substantive appeal on 8 May 2025 was listed before Lang J. At the listed hearing itself, the appellant orally applied for an adjournment. The adjournment was granted by Lang J by an order sealed on the same date. The appeal was simultaneously listed for hearing on 2 September 2025 with one day of court time allocated.
As to the ISO, on 31 January 2025 David Lock KC (sitting as a Deputy High Court Judge) extended the order until determination of the appeal or 26 September 2025, whichever was the earlier date.
- Heading
- THE HON. MR JUSTICE DEXTER DIAS
- Mr Justice Dexter Dias
- Introduction
- Procedural history
- Findings of fact
- Appeal test
- Issues
- Issue 1: Appeal adjournment
- Issue 2: Adjournment at first instance
- Judicial notice
- Absenting
- Fresh evidence
- Conclusion
- Issue 3: Challenging findings of fact, misconduct & impairment
- Issue 4: Sanction
- Issue 5: Interim Suspension Order
- Conclusions
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