Where one of multiple co-applicants for leave to appeal seeks separate representation after having been jointly represented for an extended period, the court may refuse the application where it would cause complexity and prejudice, particularly where the applicant can achieve separate representation by discontinuing and commencing fresh proceedings. The overriding purpose under ss 56-59 of the Civil Procedure Act 2005 (NSW) requires avoidance of unnecessary procedural complexity, and the right to choose one's own lawyer does not override that consideration where an alternative path exists.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.