Waverley Council v Bobolas [2009] NSWLEC 188

Waverley Council v Bobolas [2009] NSWLEC 188

The Court accepted that a genuine and bona fide application for review of refusal of legal aid had been made or was intended to be made by the Respondents and was not vexatious or designed to improperly hinder or delay the proceedings. The Council had not established special circumstances under s 57(c) of the Legal Aid Commission Act 1979 that prevented an adjournment, notwithstanding public health concerns and the Local Government Act 1993 enforcement regime. The adjournment was therefore granted, subject to steps to regularise and confirm the legal aid appeal.

Jurisdiction
Australia
Judgment Date
26 October 2009
Procedural Posture
Proceedings Seeking Court Orders Enforcing an Order Issued Under S 124 of the Local Government Act 1993 Requiring Removal of Waste From Residential Premises / Application for Adjournment at Commencement of Hearing Pending Legal Aid Review Appeal
Outcome
Adjournment granted to the Second and Third Respondents on condition that the legal aid appeal be regularised as soon as possible; stay application declined.
Legal Topics
['adjournment of Proceedings' 'refusal of Legal Aid' 'legal Aid Review Committee Appeal' 'enforcement of Local Government Act Order' 'residential Premises Waste Removal']
['practice and Procedure' 'local Government' 'legal Aid'] ['adjournment of Proceedings' 'refusal of Legal Aid' 'legal Aid Review Committee Appeal' 'enforcement of Local Government Act Order' 'residential Premises Waste Removal']

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Procedural Posture

Proceedings Seeking Court Orders Enforcing an Order Issued Under S 124 of the Local Government Act 1993 Requiring Removal of Waste From Residential Premises / Application for Adjournment at Commencement of Hearing Pending Legal Aid Review Appeal

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned because the Respondents had appealed or intended to appeal to the Legal Aid Review Committee against refusal of legal aid' 'Whether the appeal or intended appeal was bona fide and not frivolous, vexatious or intended to improperly hinder or improperly delay the proceedings' 'Whether special circumstances prevented the Court from granting an adjournment' 'Whether there was any basis to entertain a stay pending appeal from an interlocutory decision of Lloyd J']

Ratio Decidendi

The Court accepted that a genuine and bona fide application for review of refusal of legal aid had been made or was intended to be made by the Respondents and was not vexatious or designed to improperly hinder or delay the proceedings. The Council had not established special circumstances under s 57(c) of the Legal Aid Commission Act 1979 that prevented an adjournment, notwithstanding public health concerns and the Local Government Act 1993 enforcement regime. The adjournment was therefore granted, subject to steps to regularise and confirm the legal aid appeal.

Court Disposition

Adjournment granted to the Second and Third Respondents on condition that the legal aid appeal be regularised as soon as possible; stay application declined.

Orders

  • ['The Respondents are required to attend at and/or communicate with the Legal Aid Review Committee offices immediately to establish the status of their legal aid appeal.' 'The Respondents are to notify the Court within a short time of what has occurred in relation to the status of their legal aid appeal.']