Soulis v R & A Henry Auto Repairs & Ors (No 2) [2022] NSWSC 967

Soulis v R & A Henry Auto Repairs & Ors (No 2) [2022] NSWSC 967

It is appropriate to refer the plaintiff to the Registrar for pro bono legal assistance limited to advice on prospects of success, in the interests of the administration of justice, given the plaintiff's limited means and failed attempts to secure legal aid, balanced against concerns of delay and costs.

Parties
Applicant: Andrew Soulis; First Respondent: R & A Henry Auto Repairs Pty Ltd; Second Defendant: Mark Gary Henry t/as R & A Henry Auto Repairs Pty Ltd; Third Respondent: Brett Alan Henry t/as R & A Henry Auto Repairs Pty Ltd
Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Notice of Motion / Interlocutory Determination
Outcome
Application for pro bono referral granted; hearing vacated; matter listed for further directions; costs reserved.
Legal Topics
Pro Bono Referral
Practice and Procedure Pro Bono Referral

Case Brief

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Parties

Andrew Soulis

Applicant

R & A Henry Auto Repairs Pty Ltd

First Respondent

Mark Gary Henry t/as R & A Henry Auto Repairs Pty Ltd

Second Defendant

Brett Alan Henry t/as R & A Henry Auto Repairs Pty Ltd

Third Respondent

Procedural Posture

Notice of Motion / Interlocutory Determination

Legal Issues

  1. 1 Whether the plaintiff should be referred for pro bono legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW)

Ratio Decidendi

It is appropriate to refer the plaintiff to the Registrar for pro bono legal assistance limited to advice on prospects of success, in the interests of the administration of justice, given the plaintiff's limited means and failed attempts to secure legal aid, balanced against concerns of delay and costs.

Court Disposition

Application for pro bono referral granted; hearing vacated; matter listed for further directions; costs reserved.

Orders

  • The hearing of the notices of motion presently listed before me on 30 June 2022 is vacated.
  • The plaintiff is referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance, limited to obtaining preliminary advice in relation to the prospects of success.