Attorney-General vs Auslanka Development and Construction Company Ltd. – sllr 2007 volume 1 page 385

In the case between the Attorney-General (State) and Auslanka Development and Construction Company Ltd., the court addressed whether the trial court correctly exercised its discretion when granting and refusing adjournments, particularly when counsel cited personal grounds such as travel. It was held that the trial judge erred in applying principles governing adjournments and jurisdiction, especially under section 87(2) of the Civil Procedure Code, thereby rendering the trial court’s decisions to dismiss the plaint and refuse to vacate the ex parte decree legally flawed. The principle reaffirmed was that the same court which made an ex parte decree retains jurisdiction to consider setting it aside, and adjournments must not unfairly disadvantage either party. Reference was made to section