Odlum v Stephen Friend t/as Friend and Co Lawyers (No 2)

Case

[2021] NSWSC 1408

02 November 2021


Details
AGLC Case Decision Date
Odlum v Stephen Friend t/as Friend and Co Lawyers (No 2) [2021] NSWSC 1408 [2021] NSWSC 1408 02 November 2021

CaseChat Overview and Summary

The case of Odlum v Stephen Friend t/as Friend and Co Lawyers (No 2) involved the plaintiff, Odlum, who sought to have a court-appointed barrister to assist in their proceedings. The defendant, Friend, opposed this application, arguing that Odlum had not demonstrated the necessary special reasons for such an appointment. Additionally, Odlum made a subsequent application for the matter to be referred to a pro-bono panel for assistance, which was also opposed by Friend. The matter was before the Supreme Court.

The court had to determine whether Odlum had established special reasons for the referral of the matter to the pro-bono panel, and whether Odlum's failure to adhere to the court's orders constituted grounds for dismissal of the application. The court also had to consider Odlum's belated application for an adjournment of the hearing due to alleged evidence tampering and disagreements over the contents of the court book.

In dismissing the application for a court-appointed barrister, the court found that Odlum had not demonstrated the special reasons required for such an appointment. The court also dismissed Odlum's application for referral to the pro-bono panel, finding that Odlum had not shown any exceptional circumstances warranting such assistance. Further, the court refused Odlum's application for an adjournment, holding that Odlum was not ready to proceed with the case due to their failure to comply with the court's orders. The court also found that Odlum's allegations of evidence tampering and disagreements over the court book did not provide sufficient grounds for an adjournment. The court concluded that Odlum's actions demonstrated a lack of preparedness and adherence to the court's directions.

As a result of the court's findings, the application for a court-appointed barrister, the referral to the pro-bono panel, and the application for an adjournment were all dismissed. The plaintiff's failure to adhere to the court's orders and their lack of preparedness for the hearing led to these outcomes.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Admissibility of Evidence

  • Contempt of Court

  • Limitation Periods

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Most Recent Citation
Odlum v Friend [2022] NSWSC 252

Cases Citing This Decision

2

Odlum v Friend [2022] NSWSC 252
Odlum v Friend [2022] NSWSC 252
Cases Cited

2

Statutory Material Cited

3

Bowling v Bowling [2011] NSWSC 1168
Bowling v Bowling [2011] NSWSC 1168