Liristis v Gadelrabb [2012] NSWCA 137

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liristis v Gadelrabb [2012] NSWCA 137 Hearing dates: 7 May 2012 Decision date: 07 May 2012 Before: Tobias AJA Decision: (a)The hearing of the summons for leave to appeal, fixed for 17 May 2012 is vacated. (b)I grant either party liberty to apply to the Registrar to obtain a new date for hearing of the summons for leave to appeal on twenty four hours written notice when the result of the applicant's appeal against the refusal of the Commission to provide him legal aid has been determined and communicated to him. (c)I note that the applicant undertakes to the Court first, that he will expeditiously provide the Commission with all information it requires in order for it to determine his appeal and, secondly, that upon receiving any information from the Commission with respect to the determination of his appeal that he will immediately communicate that information to the respondent's solicitor. (d)The costs of the notice of motion will be costs in the summons for leave to appeal. (e)In the notice of motion the applicant has sought a review of some orders for costs made by the Registrar, I stand that part of the notice of motion over generally and it can be restored on seven days notice. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Application for Leave to Appeal - Date for hearing of the summons for leave to appeal vacated - Applicant seeking to appeal against refusal of legal aid to the Legal Aid Review Committee - Application of ss 56 and 57 of the Legal Aid Commission Act 1979 - Exercise of Court's discretion to vacate hearing date pending determination of Legal Aid appeal. Legislation Cited: Legal Aid Commission Act 1979 Category: Procedural and other rulings Parties: Tony LIRISTIS (applicant) Julia GADELRABB (respondent) Representation: Counsel: Tony Liristis in Person (applicant) P J Webb (respondent) Solicitors: Unrepresented (applicant) Julie Abood, Meridian Legal (respondent) File Number(s): 2008/280586 Decision under appeal Date of Decision: 2012-06-20 00:00:00 Before: Ward J File Number(s): SC 2006/259403; 2008/278152