The appellant appealed the dismissal of his action after an adjournment was refused.
The Court of Appeal found that in the exceptional circumstances of the case, an adjournment should have been granted.
The appeal was allowed and the order dismissing the action was set aside, subject to strict conditions including setting the action down for trial within 30 days, proceeding on a peremptory basis, and depositing $5,000 as security for costs.
