HOWARD v COLLIER [1996] NSWCA 254

HOWARD v COLLIER [1996] NSWCA 254

The appeal is incompetent without leave, and s 57 of the Legal Aid Commission Act does not constrain the Court from dismissing the notice of motion as there are no valid proceedings presently before the Court.

Parties
Applicant: Ellena Howard; Respondent: Collier
Jurisdiction
Australia
Judgment Date
06 May 1996
Procedural Posture
Appeal / Motion to Adjourn/dismissal of Notice of Motion
Outcome
notice of motion dismissed
Legal Topics
Appeals, Legal Aid, Summary Judgment, Stay of Proceedings
Civil Procedure Appeals Legal Aid Summary Judgment Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Ellena Howard

Applicant

Collier

Respondent

Procedural Posture

Appeal / Motion to Adjourn/dismissal of Notice of Motion

Legal Issues

  1. 1 Whether the appeal is competent without leave
  2. 2 Whether s 57 of the Legal Aid Commission Act, 1979 requires adjournment of proceedings pending legal aid review
  3. 3 Whether the notice of motion should be struck out

Ratio Decidendi

The appeal is incompetent without leave, and s 57 of the Legal Aid Commission Act does not constrain the Court from dismissing the notice of motion as there are no valid proceedings presently before the Court.

Court Disposition

notice of motion dismissed

Orders

  • Notice of motion filed on 3 April 1996 dismissed.
  • Applicant to pay respondent's costs.