Lazarus v Kane [2018] NSWCA 224

Lazarus v Kane [2018] NSWCA 224

The interests of justice warranted granting the applicants a substantial extension to file written submissions because they were self-represented, their legal aid application remained pending, and the Court required cogent written submissions, while further directions were listed to ensure compliance and preserve the 22 November 2018 hearing date.

Jurisdiction
Australia
Judgment Date
24 September 2018
Procedural Posture
Proceedings Seeking Relief in the Court's Supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw) / Case Management Application for Additional Time to File Written Submissions Before Listed Hearing
Outcome
Applicants granted additional time to file written submissions; timetable orders made; specified Registrar's orders set aside; matter listed for further directions.
Legal Topics
['case Management' 'extension of Time' 'written Submissions' 'self Represented Litigants' 'legal Aid Application Pending']
['civil Procedure'] ['case Management' 'extension of Time' 'written Submissions' 'self Represented Litigants' 'legal Aid Application Pending']

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Procedural Posture

Proceedings Seeking Relief in the Court's Supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw) / Case Management Application for Additional Time to File Written Submissions Before Listed Hearing

Legal Issues

  1. 1 ['Whether the applicants should be granted additional time to file written submissions where they were self-represented and awaiting determination of an application for legal aid.' 'Whether the revised timetable could be accommodated consistently with maintaining the listed hearing date.']

Ratio Decidendi

The interests of justice warranted granting the applicants a substantial extension to file written submissions because they were self-represented, their legal aid application remained pending, and the Court required cogent written submissions, while further directions were listed to ensure compliance and preserve the 22 November 2018 hearing date.

Court Disposition

Applicants granted additional time to file written submissions; timetable orders made; specified Registrar's orders set aside; matter listed for further directions.

Orders

  • ['Applicants to file and serve written submissions by 22 October 2018;' 'Applicants to provide copies of any documents they seek to add to the white folder to the solicitor for the respondents by 22 October 2018;' 'Respondents to file and serve written submissions by 5 November 2018;' 'Leave granted to the...