Johnson v Lake Macquarie City Council and Anor [No. 2] [1999] NSWLEC 189

Johnson v Lake Macquarie City Council and Anor [No. 2] [1999] NSWLEC 189

In the absence of any further explanation for the delay in applying for legal aid and lack of progress towards obtaining counsel's opinion, it is not reasonable to grant an adjournment beyond the days set aside for hearing. Application for adjournment refused.

Parties
Applicant: Ken Johnson; First Respondent: Lake Macquarie City Council; Second Respondent: Pulver Cooper Blackley Pty Ltd
Jurisdiction
Australia
Judgment Date
31 May 1999
Procedural Posture
Application for Adjournment / Adjournment Application After Remittal From Court of Appeal
Outcome
Adjournment application refused
Legal Topics
Adjournment, Legal Aid, Delay, Prospects of Success
Practice & Procedure Adjournment Legal Aid Delay Prospects of Success

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Parties

Ken Johnson

Applicant

Lake Macquarie City Council

First Respondent

Pulver Cooper Blackley Pty Ltd

Second Respondent

Procedural Posture

Application for Adjournment / Adjournment Application After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an adjournment to obtain legal aid
  2. 2 Effect of delay in application for legal aid
  3. 3 Prospects of success on s 104A question

Ratio Decidendi

In the absence of any further explanation for the delay in applying for legal aid and lack of progress towards obtaining counsel's opinion, it is not reasonable to grant an adjournment beyond the days set aside for hearing. Application for adjournment refused.

Court Disposition

Adjournment application refused

Orders

  • The application for adjournment is refused.