Allchin v Hunter Water Corporation (No 3)

In *Allchin v Hunter Water Corporation (No 3)*, the Court of Appeal of New South Wales considered an appeal by a self-represented litigant, Mr Allchin, against Hunter Water Corporation. The proceedings involved a dispute where Mr Allchin had experienced significant delays in prosecuting his appeal, and Hunter Water Corporation had filed a notice of motion seeking dismissal of the proceedings.

The Court was required to determine whether to dismiss Mr Allchin's appeal due to want of due despatch, considering the delays and new circumstances that had come to light. It also had to consider objections to the competency of the appeal, including whether leave to appeal was required and the effect of the appellant's notice of appeal being filed two days out of time. Furthermore, the Court addressed the applicability of rule 29.7 of the *Uniform Civil Procedure Rules 2005* (NSW) concerning the non-appearance of a party, particularly where a party withdraws legal representation and leaves the courtroom mid-hearing. Finally, the Court considered whether special reasons existed to justify a pro bono referral under rule 7.36 of the *Uniform Civil Procedure Rules 2005* (NSW), given the appellant had terminated a previous pro bono referral.

Kirk JA determined that it was not in the interests of justice to dismiss the proceedings. The Court found that the appellant had attempted to comply with orders regarding the filing of a summons seeking leave to appeal, and that the delay in filing the notice of appeal was not so significant as to warrant dismissal. The Court also recognised that an issue of principle had emerged on appeal, satisfying the "special reasons" requirement for a pro bono referral.

Consequently, the respondent's notice of motion was dismissed, with costs to be costs in the cause. The appellant was referred to the Registrar for legal assistance with respect to his appeal, and the matter was listed for directions before the Registrar.