PROCEDURE: application to extend time to commence Class 3 proceedings — application by holder of practising certificate to appear as agent for applicants to Class 3 application — whether r 7.7 of Land and Environment Court Rules 2007 complied with — leave granted to appear as agent for the purpose of the application to extend time — where putative agent subsequently discovered to be responsible for delay in commencing proceedings by applicants — conflict of interest — leave to appear as agent revoked — application for extension of time adjourned — applicants to consider making an application for referral for pro bono legal assistance.
Quick Take
1Where a person granted leave to appear as agent under s 63(3) of the Land and Environment Court Act 1979 is revealed during proceedings to be a potential witness on a contested issue and bears responsibility for the circumstances giving rise to the application, a conflict of interest arises warranting revocation of leave to appear as agent.
2Compliance with r 7.7 of the Land and Environment Court Rules 2007 is a necessary but not sufficient condition for the grant of leave to appear as agent; the Court retains a continuing discretion to revoke leave where the agent's continued appearance would not facilitate the overriding purpose under s 56 of the Civil Procedure Act 2005.
Case Details
Citation[2026] NSWLEC 100
CourtNSWLEC
JurisdictionNew South Wales
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