Grant Mears v Sydney Anglican Schools Corporation [2016] NSWCA 39

Grant Mears v Sydney Anglican Schools Corporation [2016] NSWCA 39

The pro bono referral was refused because the proposed leave appeal concerned a straightforward discretionary procedural decision about joinder and amendment of a cross-claim, the applicants did not show sufficient complexity or prospects of success, and prior pro bono referrals meant there were no special reasons for a further referral under UCPR 7.36(2A). The stay was refused because the applicants provided no material showing a basis for a stay or that the respondents' interests in pursuing the costs orders would be protected.

Jurisdiction
Australia
Judgment Date
07 March 2016
Procedural Posture
Application for Leave to Appeal With Notice of Motion for Pro Bono Referral and Stay / Court of Appeal Procedural Application
Outcome
Application for pro bono referral refused; application for stay refused; limited leave granted for Mr Mears to represent Mrs Mears on the pro bono and stay applications; applicants ordered to pay respondents' costs of the application.
Legal Topics
['pro Bono Referral Under UCPR Pt 7 Div 9' 'application for Leave to Appeal' 'stay of District Court Orders' 'discretionary Procedural Decisions' 'costs Orders']
['civil Procedure' 'appeals' 'costs'] ['pro Bono Referral Under UCPR Pt 7 Div 9' 'application for Leave to Appeal' 'stay of District Court Orders' 'discretionary Procedural Decisions' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal With Notice of Motion for Pro Bono Referral and Stay / Court of Appeal Procedural Application

Legal Issues

  1. 1 ["Whether the applicants should be referred to a barrister or solicitor on the Court's pro bono panel under UCPR 7.36." 'Whether prior pro bono referrals within the preceding three years required special reasons for any further referral under UCPR 7.36(2A).' 'Whether the application for leave to appeal against discretionary procedural orders had sufficient prospects of success to support a pro bono referral.' 'Whether a stay of the District Court orders, particularly costs orders, should be granted.']

Ratio Decidendi

The pro bono referral was refused because the proposed leave appeal concerned a straightforward discretionary procedural decision about joinder and amendment of a cross-claim, the applicants did not show sufficient complexity or prospects of success, and prior pro bono referrals meant there were no special reasons for a further referral under UCPR 7.36(2A). The stay was refused because the applicants provided no material showing a basis for a stay or that the respondents' interests in pursuing the costs orders would be protected.

Court Disposition

Application for pro bono referral refused; application for stay refused; limited leave granted for Mr Mears to represent Mrs Mears on the pro bono and stay applications; applicants ordered to pay respondents' costs of the application.

Orders

  • ['Leave granted to Mr Mears to represent Mrs Gloria Mears for the application for pro bono assistance pursuant to Division 9 Part 7 of the UCPR.' 'Leave granted to Mr Mears to appear on behalf of Mrs Gloria Mears on the stay application sought in the notice of motion dated 26 February 2016.' "Refuse the application...