Cowra Shire Council v Fuller [2015] NSWLEC 4

Cowra Shire Council v Fuller [2015] NSWLEC 4

The application to vacate was refused because the proceedings were not complex, were otherwise ready to proceed, no attempts had been made to secure alternate counsel, and no clear prejudice (other than wasted costs) was established.

Jurisdiction
Australia
Judgment Date
30 January 2015
Procedural Posture
Class 5 Sentencing Proceedings / Application to Vacate Hearing Dates
Outcome
Application dismissed. Hearing dates confirmed.
Legal Topics
['application for Vacation of Hearing Dates' 'sentencing' 'counsel Availability']
['practice and Procedure'] ['application for Vacation of Hearing Dates' 'sentencing' 'counsel Availability']

Case Brief

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Procedural Posture

Class 5 Sentencing Proceedings / Application to Vacate Hearing Dates

Legal Issues

  1. 1 ['Whether hearing dates in sentencing proceedings should be vacated due to unavailability of counsel' 'Whether the defendant would suffer prejudice if the hearing proceeds without counsel of choice' 'Whether attempts were made to secure alternate counsel']

Ratio Decidendi

The application to vacate was refused because the proceedings were not complex, were otherwise ready to proceed, no attempts had been made to secure alternate counsel, and no clear prejudice (other than wasted costs) was established.

Court Disposition

Application dismissed. Hearing dates confirmed.

Orders

  • ['Application to vacate hearing dates dismissed.']