Tina Lee

The appellants appealed the dismissal of their personal injury action.

The trial judge dismissed the action after the appellant failed to proceed on the fourth scheduled trial date, having discharged multiple lawyers and appearing without counsel or her file despite a previous order that the trial would proceed with or without counsel.

The Court of Appeal found no error in the trial judge's exercise of discretion to refuse another adjournment and dismiss the action.

The appellant appealed a trial judgment finding him liable on a promissory note.

He argued there was an absence of consideration and relied on the defence of non est factum.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that consideration existed due to the family relationship and benefit to the appellant's son, and that the appellant could not rely on non est factum because he carelessly chose not to read the document.

The award of pre-judgment interest was also upheld.