Waverley Council v Bobolas & Ors [2009] NSWLEC 190

Waverley Council v Bobolas & Ors [2009] NSWLEC 190

In light of s 57 of the Legal Aid Commission Act 1979 and the authorities cited, where the respondents have indicated and provided information that they are appealing a Legal Aid refusal, and there is no evidence of bad faith, frivolity, vexation, or special circumstances, the proceedings must be adjourned.

Parties
Applicant: Waverley Council; First Respondent: Mary Bobolas; Second Respondent: Liana Bobolas; Third Respondent: Elena Bobolas
Jurisdiction
Australia
Judgment Date
27 August 2009
Procedural Posture
Notice of Motion for Costs / Adjournment Application
Outcome
proceedings adjourned under s 57 Legal Aid Commission Act 1979
Legal Topics
Adjournment of Proceedings, Legal Aid Commission Act 1979 S 57, Application of S 57 Under Costs Notice of Motion
Practice and Procedure Adjournment of Proceedings Legal Aid Commission Act 1979 S 57 Application of S 57 Under Costs Notice of Motion

Case Brief

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Parties

Waverley Council

Applicant

Mary Bobolas

First Respondent

Liana Bobolas

Second Respondent

Elena Bobolas

Third Respondent

Procedural Posture

Notice of Motion for Costs / Adjournment Application

Legal Issues

  1. 1 Whether an adjournment is mandatory under s 57 Legal Aid Commission Act 1979 when a Legal Aid appeal is pending
  2. 2 On whom the onus of proof lies where adjournment is opposed under s 57

Ratio Decidendi

In light of s 57 of the Legal Aid Commission Act 1979 and the authorities cited, where the respondents have indicated and provided information that they are appealing a Legal Aid refusal, and there is no evidence of bad faith, frivolity, vexation, or special circumstances, the proceedings must be adjourned.

Court Disposition

proceedings adjourned under s 57 Legal Aid Commission Act 1979

Orders

  • The proceedings are adjourned to 6 November 2009 before the list judge for directions.
  • The respondents are to promptly give written notice to the applicant's solicitors and the registrar of the Court when (a) their Legal Aid appeal has been lodged, and (b) their Legal Aid appeal has been determined.