4 Jul 2008
LEGAL SERVICES AGENCY V MA HC AK CIV 2008-404-001838
- Citation
- openlaw-2425c90c_eefe_4c29_bc23_de9276be1e4a.pdf
- Court
- High Court
The High Court allowed the Agency's appeal on points of law, holding that the Review Panel misconstrued s 9(4)(e) by imposing a more stringent test for appellate legal aid and by treating the technical nature of proposed appeal grounds as an irrelevant consideration; the Agency is entitled to consider the technicality and other factors in exercising its broad discretion under s 9(4)(e), and the Review Panel must reconsider the matter without substituting its own merits assessment for the Agency's discretion.
- Discretionary refusal of legal aid
- Appeal rights under statute
- Review panel jurisdiction
- Procedural compliance with high court rules