18 Jan 2008
PARA FRANCHISING LIMITED V LEGAL AID REVIEW PANEL AND ANOR HC AK CIV 2006-404-6601
- Citation
- openlaw-9f814b5a_9354_450d_8340_627752458608.pdf
- Court
- High Court
Section 41 confers on the Legal Services Agency a discretionary power both whether to make any payment and as to the quantum of any payment; however the Agency's decision to pay $20,000 was set aside because it failed to take into account all relevant circumstances (notably the Agency's own error regarding contributions which materially affected the prejudice to Para) and the disparity with the approach to an earlier related claim made the payment arbitrary; the decision is remitted to the Agency to re-determine in accordance with s 41.