Carnemolla v Adelaide Bank Ltd [2012] NSWCA 152

Carnemolla v Adelaide Bank Ltd [2012] NSWCA 152

Referral to the Pro Bono Panel was warranted because the applicants were self-represented, their means appeared extremely limited, Legal Aid had been refused, and the proceedings were sufficiently complex that legal assistance was needed to simplify and clarify the appeal. The other motions should not be dealt with until the future conduct of the appeal was clarified after that referral.

Jurisdiction
Australia
Judgment Date
14 May 2012
Procedural Posture
Interlocutory Application in Appeal / Application for Referral to the Pro Bono Panel and Outstanding Motions Before the Court
Outcome
Application for referral to the Pro Bono Panel granted; matter and outstanding motions adjourned; costs reserved.
Legal Topics
['interlocutory Application' 'referral to Pro Bono Panel' 'self Represented Litigants' 'uniform Civil Procedure Rules 2005 (nsw) R 7.36' 'writ of Possession' 'strike Out Application' 'production of Documents']
['practice and Procedure' 'civil Procedure'] ['interlocutory Application' 'referral to Pro Bono Panel' 'self Represented Litigants' 'uniform Civil Procedure Rules 2005 (nsw) R 7.36' 'writ of Possession' 'strike Out Application' 'production of Documents']

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Procedural Posture

Interlocutory Application in Appeal / Application for Referral to the Pro Bono Panel and Outstanding Motions Before the Court

Legal Issues

  1. 1 ['Whether the applicants should be referred to the Pro Bono Panel under Uniform Civil Procedure Rules 2005 (NSW) r 7.36.' "Whether the respondent's motion to strike out the appeal and the applicants' motions concerning production of mortgage documents should be dealt with immediately or stood over."]

Ratio Decidendi

Referral to the Pro Bono Panel was warranted because the applicants were self-represented, their means appeared extremely limited, Legal Aid had been refused, and the proceedings were sufficiently complex that legal assistance was needed to simplify and clarify the appeal. The other motions should not be dealt with until the future conduct of the appeal was clarified after that referral.

Court Disposition

Application for referral to the Pro Bono Panel granted; matter and outstanding motions adjourned; costs reserved.

Orders

  • ['Sebastian and Lucia Carnemolla, as the appellants in the present proceedings, are referred to the Registrar for referral to a barrister on the Pro Bono Panel for legal assistance in the conduct of the appeal.' "The legal assistance is confined in the first instance to examination of the Notice of Appeal, taking...