Lane v Northern NSW Local Health District (No 2) [2014] NSWCA 32

Lane v Northern NSW Local Health District (No 2) [2014] NSWCA 32

The applications to vacate the hearing and for referral for pro bono legal assistance were refused because the grounds were insufficient and/or belated, professional legal assistance was not considered essential given the factual nature of the issues, and such referrals or vacation of dates would disrupt the lists and unduly prejudice the respondent.

Parties
First Applicant: Deirdre May Lane; Second Applicant: Elizabeth Helen Lane; Respondent: Northern NSW Local Health District
Jurisdiction
Australia
Judgment Date
24 February 2014
Procedural Posture
Interlocutory Applications / Motions for Pro Bono Assistance and Vacation of Hearing Date Prior to Appeal Hearing
Outcome
Applications for pro bono referral and vacation of hearing date refused; costs of motions to be respondent's costs in the appeal.
Legal Topics
Interlocutory Application, Vacation of Hearing Date, Pro Bono Assistance, Uniform Civil Procedure Rules 2005 (nsw), R 7.36
Practice and Procedure Interlocutory Application Vacation of Hearing Date Pro Bono Assistance Uniform Civil Procedure Rules 2005 (nsw), R 7.36

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Deirdre May Lane

First Applicant

Elizabeth Helen Lane

Second Applicant

Northern NSW Local Health District

Respondent

Procedural Posture

Interlocutory Applications / Motions for Pro Bono Assistance and Vacation of Hearing Date Prior to Appeal Hearing

Legal Issues

  1. 1 Whether hearing date should be vacated for amendment of notice of appeal or unavailability of applicant's support person
  2. 2 Whether application for pro bono assistance should be referred under Uniform Civil Procedure Rules 2005 (NSW), r 7.36

Ratio Decidendi

The applications to vacate the hearing and for referral for pro bono legal assistance were refused because the grounds were insufficient and/or belated, professional legal assistance was not considered essential given the factual nature of the issues, and such referrals or vacation of dates would disrupt the lists and unduly prejudice the respondent.

Court Disposition

Applications for pro bono referral and vacation of hearing date refused; costs of motions to be respondent's costs in the appeal.

Orders

  • Both the motions for pro bono assistance and vacation of the hearing date refused.
  • The costs of the motions are to be the respondent's costs in the appeal.