Dubow v Warrumbungle Shire Council [2025] NSWLEC 15

Dubow v Warrumbungle Shire Council [2025] NSWLEC 15

The Court was satisfied that, due to the applicant's financial circumstances, medical condition, and lack of legal assistance, it is in the interests of the administration of justice to refer her to the Pro Bono Panel, and to stay Council Order 18 pending provision of assistance, in the absence of any Council evidence of unfairness and given the risk the appeal may be abortive without a stay.

Parties
Applicant: Yolande Dubow; Respondent: Warrumbungle Shire Council
Jurisdiction
Australia
Judgment Date
05 March 2025
Procedural Posture
Notice of Motion (class 2 Proceedings) / Interlocutory Application for Stay and Pro Bono Referral Pending Appeal
Outcome
Interlocutory orders made: referral to Pro Bono Panel, stay of Council Order 18, relisting for directions.
Legal Topics
Stay of Orders, Pro Bono Legal Assistance, Appeals From Local Council Orders, Animal and Land Use Regulation
Local Government Law Civil Procedure Stay of Orders Pro Bono Legal Assistance Appeals From Local Council Orders Animal and Land Use Regulation

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Parties

Yolande Dubow

Applicant

Warrumbungle Shire Council

Respondent

Procedural Posture

Notice of Motion (class 2 Proceedings) / Interlocutory Application for Stay and Pro Bono Referral Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be referred to the Pro Bono Panel for legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether a stay of Council Order 18 should be granted pending outcome of the Class 2 proceedings

Ratio Decidendi

The Court was satisfied that, due to the applicant's financial circumstances, medical condition, and lack of legal assistance, it is in the interests of the administration of justice to refer her to the Pro Bono Panel, and to stay Council Order 18 pending provision of assistance, in the absence of any Council evidence of unfairness and given the risk the appeal may be abortive without a stay.

Court Disposition

Interlocutory orders made: referral to Pro Bono Panel, stay of Council Order 18, relisting for directions.

Orders

  • Pursuant to r 7.36(1) of the Uniform Civil Procedure Rules 2005 (NSW), the applicant is referred to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.
  • Order 18 of the orders of Council made on 6 December 2024 is stayed until 5pm on Monday, 7 April 2025.