Lawson v South Australian Minister for Water and the River Murray [2014] NSWLEC 158

Lawson v South Australian Minister for Water and the River Murray [2014] NSWLEC 158

Because the applicant was not legally represented, possibly through a misunderstanding, in proceedings raising significant and difficult issues, it was in the interests of the administration of justice to stand the matter over part heard to allow a reasonable opportunity to obtain legal representation and to refer the matter to the Registrar for possible Pro Bono Panel assistance.

Jurisdiction
Australia
Judgment Date
29 September 2014
Procedural Posture
Class 3 Application Under S 102 of the Public Works Act 1912 to Extend Time to Make a Compensation Claim for Compulsory Acquisition / Final Hearing; Procedural Ruling Standing the Matter Over Part Heard and Referring the Applicant for Possible Pro Bono Legal Assistance
Outcome
Matter stood over part heard; leave granted for Mark Dengate to appear as agent until the resumed hearing; matter referred for possible pro bono legal assistance.
Legal Topics
['adjournment or Standing Over Part Heard' 'appearance by Agent' 'pro Bono Referral' 'extension of Time to Make Compensation Claim' 'compulsory Acquisition']
['practice and Procedure' 'land Acquisition Compensation'] ['adjournment or Standing Over Part Heard' 'appearance by Agent' 'pro Bono Referral' 'extension of Time to Make Compensation Claim' 'compulsory Acquisition']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 3 Application Under S 102 of the Public Works Act 1912 to Extend Time to Make a Compensation Claim for Compulsory Acquisition / Final Hearing; Procedural Ruling Standing the Matter Over Part Heard and Referring the Applicant for Possible Pro Bono Legal Assistance

Legal Issues

  1. 1 ['Whether the matter should be stood over part heard to give the applicant a reasonable opportunity to obtain legal representation and legal assistance.' "Whether leave should be granted for Mark Dengate to appear as the applicant's agent until the resumed hearing." 'Whether the matter should be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.']

Ratio Decidendi

Because the applicant was not legally represented, possibly through a misunderstanding, in proceedings raising significant and difficult issues, it was in the interests of the administration of justice to stand the matter over part heard to allow a reasonable opportunity to obtain legal representation and to refer the matter to the Registrar for possible Pro Bono Panel assistance.

Court Disposition

Matter stood over part heard; leave granted for Mark Dengate to appear as agent until the resumed hearing; matter referred for possible pro bono legal assistance.

Orders

  • ['The matter is stood over part heard to 20 November 2014.' "Leave is granted to Mark Dengate to appear as the applicant's agent up until the time of commencement of the resumed hearing." 'The applicant is to notify the Registrar and the respondents in writing of the name and full contact details of her legal...