Lazarus v Kane
Case
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[2018] NSWCA 224
•24 September 2018
Details
AGLC
Case
Decision Date
Lazarus v Kane [2018] NSWCA 224
[2018] NSWCA 224
24 September 2018
CaseChat Overview and Summary
In *Lazarus v Kane*, the applicants, who were self-represented, sought an extension of time to file their written submissions in an appeal. The respondents opposed this application. The matter came before Payne JA.
The central legal issue before the court was whether it was in the interests of justice to grant the applicants additional time to file their submissions, given their status as self-represented litigants and their pending application for legal assistance.
Payne JA considered the principles of case management and the interests of justice. The court acknowledged the applicants' self-represented status and the uncertainty surrounding their legal aid application. Consequently, the court granted leave for the applicants to file and serve their written submissions by 22 October 2018, and to provide copies of any documents they wished to add to the white folder to the solicitor for the respondents by the same date. The respondents were ordered to file and serve their written submissions by 5 November 2018, with leave to uplift and supplement the white book until 12 November 2018. Orders 3-7 of the Registrar made on 6 August 2018 were set aside, and the matter was listed for further directions on 29 October 2018.
The central legal issue before the court was whether it was in the interests of justice to grant the applicants additional time to file their submissions, given their status as self-represented litigants and their pending application for legal assistance.
Payne JA considered the principles of case management and the interests of justice. The court acknowledged the applicants' self-represented status and the uncertainty surrounding their legal aid application. Consequently, the court granted leave for the applicants to file and serve their written submissions by 22 October 2018, and to provide copies of any documents they wished to add to the white folder to the solicitor for the respondents by the same date. The respondents were ordered to file and serve their written submissions by 5 November 2018, with leave to uplift and supplement the white book until 12 November 2018. Orders 3-7 of the Registrar made on 6 August 2018 were set aside, and the matter was listed for further directions on 29 October 2018.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Procedural Fairness
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Costs
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Remedies
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Standing
Actions
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Citations
Lazarus v Kane [2018] NSWCA 224
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