Thomas Clune v Sydney Ernest Oehlers [2014] NSWSC 1438

Thomas Clune v Sydney Ernest Oehlers [2014] NSWSC 1438

The proceedings should be adjourned to enable the first defendant a reasonable opportunity to obtain legal advice and to facilitate access to pro bono representation, balancing procedural fairness and the absence of urgency or significant prejudice to the plaintiff.

Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Interlocutory Application / Adjournment Prior to Determination
Outcome
Proceedings adjourned and first defendant referred for pro bono assistance.
Legal Topics
['legal Aid' 'trustee for Sale' 'adjournment']
['equity'] ['legal Aid' 'trustee for Sale' 'adjournment']

Case Brief

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Procedural Posture

Interlocutory Application / Adjournment Prior to Determination

Legal Issues

  1. 1 ['Should the proceedings be adjourned to enable the first defendant to seek legal aid or pro bono representation?' 'Is the plaintiff entitled to appointment of a trustee for sale under s 66G Conveyancing Act 1919?']

Ratio Decidendi

The proceedings should be adjourned to enable the first defendant a reasonable opportunity to obtain legal advice and to facilitate access to pro bono representation, balancing procedural fairness and the absence of urgency or significant prejudice to the plaintiff.

Court Disposition

Proceedings adjourned and first defendant referred for pro bono assistance.

Orders

  • ['The proceedings be adjourned to 14 November 2014 at 9.30 before Brereton J.' 'Pursuant to Uniform Civil Procedure Rules r 7.36, the first defendant is referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance.']