Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) v Skye Bennett [2006] NSWSC 1100

New South Wales Supreme Court

CITATION : Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) v Skye Bennett [2006] NSWSC 1100

HEARING DATE(S) : 16 October 2006

JUDGMENT DATE : 20 October 2006

JUDGMENT OF : Simpson J

DECISION : Proceedings adjourned until 6 November 2006.

CATCHWORDS : application for order for possession of real estate - whether application ought to be adjourned - s57 Legal Aid Commission Act 1987 - no appearance of defendant - prima facie entitlement to adjournment - onus on party resisting adjournment - special circumstances - title of property transferred to plaintiff - medical condition of defendant - defendant's need for legal advice and representation - mounting debt to mortgagee - defendant's application for legal aid refused - defendant appealled to Review Committee of Legal Aid Commission - orderly dissolution of non-functioning company - need for expedited hearing of Review Committee of Legal Aid Commission

LEGISLATION CITED : Legal Aid Commission Act 1978 s57

CASES CITED : Fibre-Tek (Gold Coast) Pty Ltd (in Liq) v Bennett [2006] NSWSC 150

PARTIES : Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) - Plaintiff Skye Bennett - Defendant

FILE NUMBER(S) : SC 2006/13275

COUNSEL : J Doyle - Plaintiff

SOLICITORS : Addisons Lawyers - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

SIMPSON J

Friday 20 October 2006

2006/13275 Fibre-Tek (Gold Coast) Pty Ltd (in liquidation) v Skye Bennett

JUDGMENT 1 HER HONOUR: The issue for present determination in these proceedings is whether, by the application of s57 of the Legal Aid Commission Act 1979, the substantive application otherwise listed for hearing ought to be adjourned. So to state the issue is to conceal the complexity of the history of the proceedings between the parties, and of the issues involved. I should state now that I regard the competing factors – those arguing in favour of an adjournment, and those arguing against – as finely balanced, indeed as finely balanced as I can recall seeing. Resolution of this dispute has not been made any easier by the fact that the defendant, who seeks the adjournment, has not appeared on the hearing, and has made her application, effectively, by facsimile. With that introduction I will attempt to outline the relevant circumstances. 2 It is convenient to begin by setting out, in full, s57 of the Legal Aid Commission Act: " 57 Adjournment of certain proceedings