Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing
role to filter evidence into admissible and inadmissible categories – Duty of court
to exercise discretion judicially in relation to application for an adjournment –
Overriding objective – Whether matter should commence de novo before a different
tribunal