8 Feb 2010
PHILLIP SMITH V LEGAL SERVICES AGENCY HC WN CIV-2009-485-1781
- Citation
- openlaw-31c45b4c_6420_46c1_85ac_93be6da2f866.pdf
- Court
- High Court
The appeal is dismissed. Although the Panel erred by conducting a merits based review of the Agency's decision, that error did not prejudice the appellant because the Agency's decision to refuse legal aid under s9(4)(e) was within its wide discretion, rationally concluded given Miller J's factual findings on informed consent and the limited role of the contested psychological material, and the prospect of success on appeal was low; expert evidence from an employee was admissible where qualified and relevant and weight, not admissibility, addresses potential bias.