Marino (a pseudonym) v Bello (a pseudonym) (No 2) [2022] NSWCA 143

Marino (a pseudonym) v Bello (a pseudonym) (No 2) [2022] NSWCA 143

Because the Court had already found the appellant's case sufficiently arguable to warrant leave to appeal, the appeal raised a question of principle on which the Court would be assisted by competent counsel, and it appeared unlikely that the respondents would be represented, there were special reasons justifying a further pro bono referral and the referral was in the interests of the administration of justice.

Jurisdiction
Australia
Judgment Date
08 August 2022
Procedural Posture
Civil Procedure Ruling on Pro Bono Referral in Appeal Proceedings / Notice of Motion Filed on 29 July 2022 Seeking Referral for Pro Bono Assistance After Leave to Appeal Was Granted and Before the Appeal Hearing
Outcome
Referral for pro bono assistance granted.
Legal Topics
['unrepresented Litigant' 'pro Bono Referral' 'subsequent Referral' 'special Reasons' 'leave to Appeal']
['civil Procedure'] ['unrepresented Litigant' 'pro Bono Referral' 'subsequent Referral' 'special Reasons' 'leave to Appeal']

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Procedural Posture

Civil Procedure Ruling on Pro Bono Referral in Appeal Proceedings / Notice of Motion Filed on 29 July 2022 Seeking Referral for Pro Bono Assistance After Leave to Appeal Was Granted and Before the Appeal Hearing

Legal Issues

  1. 1 ['Whether the self-represented appellant should be referred for pro bono legal assistance under UCPR 7.36.' 'Whether special reasons justified a further referral given previous referrals within the immediately preceding period of three years.']

Ratio Decidendi

Because the Court had already found the appellant's case sufficiently arguable to warrant leave to appeal, the appeal raised a question of principle on which the Court would be assisted by competent counsel, and it appeared unlikely that the respondents would be represented, there were special reasons justifying a further pro bono referral and the referral was in the interests of the administration of justice.

Court Disposition

Referral for pro bono assistance granted.

Orders

  • ['Pursuant to UCPR 7.36, refer the appellant to the Registrar for referral to a barrister on the pro bono panel for legal assistance, namely representation generally in the conduct of the proceedings.']