Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) v Skye Bennett [2006] NSWSC 1100

Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) v Skye Bennett [2006] NSWSC 1100

Justice can most nearly be achieved by granting the defendant a short adjournment to allow her to press for expedition of her appeal for legal aid, given her medical condition and genuine appeal under s57, balanced against the plaintiff's entitlement to possession. The proceedings are adjourned until 6 November 2006.

Jurisdiction
Australia
Judgment Date
20 October 2006
Procedural Posture
Civil / Interlocutory Adjournment Application
Outcome
adjourned
Legal Topics
['application for Possession' 'adjournment' 'legal Aid' 'special Circumstances']
['property Law' 'civil Procedure'] ['application for Possession' 'adjournment' 'legal Aid' 'special Circumstances']

Case Brief

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Procedural Posture

Civil / Interlocutory Adjournment Application

Legal Issues

  1. 1 ["Whether proceedings should be adjourned under s57 Legal Aid Commission Act 1979 due to the defendant's appeal for legal aid" "Whether 'special circumstances' exist to prevent adjournment under s57" "Whether the defendant's medical condition and need for legal representation justify adjournment"]

Ratio Decidendi

Justice can most nearly be achieved by granting the defendant a short adjournment to allow her to press for expedition of her appeal for legal aid, given her medical condition and genuine appeal under s57, balanced against the plaintiff's entitlement to possession. The proceedings are adjourned until 6 November 2006.

Court Disposition

adjourned

Orders

  • ['Proceedings adjourned until 6 November 2006.']