HSBC Bank Australia Limited v Murtough [2010] NSWSC 320

New South Wales Supreme Court

CITATION : HSBC Bank Australia Limited v Murtough [2010] NSWSC 320

HEARING DATE(S) : 31 March 2010 JUDGMENT OF : Davies J

EX TEMPORE JUDGMENT DATE : 31 March 2010

DECISION : Defendant's application to vacate hearing date of 1 April 2010 granted.

CATCHWORDS : PRACTICE AND PROCEDURE - adjournment of proceedings - refusal of Legal Aid - appeal against refusal - whether appeal was bona fide, or frivolous or vexatious or otherwise intended improperly to delay the proceedings - second refusal of Legal Aid on merits of the case - onus of proving bona fides of appeal - ill-health of Applicant - adjournment granted.

LEGISLATION CITED : Legal Aid Commission Act 1979

CATEGORY : Procedural and other rulings

Cameron v Rural Press Pty Ltd (1992) 35 FCR 211 Director of Public Prosecutions v Emanuel [2009] NSWCA 42 CASES CITED : Edelstein v Medical Tribunal of NSW (No 2) [1993] NSWCA 87 Fibre-Tek Pty Ltd v Skye Bennett [2006] NSWSC 111 Lewis v Spencer [2007] NSWSC 1383 Waverley Council v Bobolas [2009] NSWLEC 188

PARTIES : HSBC Bank Australia Limited (Plaintiff) Christopher Murtough (Defendant)

FILE NUMBER(S) : SC 2008/284697

COUNSEL : J White (Plaintiff) In person (Defendant) (by telephone link)

SOLICITORS : Dibbs Barker (Plaintiff)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST

DAVIES J

31 MARCH 2010

2008/284697 HSBC BANK AUSTRALIA LIMITED v MURTOUGH

EX TEMPORE JUDGMENT 1 This is a further application by the Defendant for an adjournment in relation to a summary judgment application by the Plaintiff which has been set down for hearing tomorrow before me. The adjournment application is put on two grounds, which may in one sense be related but ought to be considered separately in any event. The first basis relies on s 57 of the Legal Aid Commission Act 1979 which provides: Where it appears to a court or tribunal, on any information before it: