Arambatzis v Foundas (No 3) [2021] NSWCA 189

Arambatzis v Foundas (No 3) [2021] NSWCA 189

The previous referral for pro bono assistance under the UCPR remains effective and ongoing in the absence of compliance with r 7.39 conditions for cessation; directions for evidence, submissions, adjournment, extension of stay, and procedural orders are made accordingly to progress the motion and maintain fairness to the unrepresented litigant.

Parties
Plaintiff/respondent: Peter Arambatzis; Defendant/applicant: Cassiani Foundas; Plaintiff: Bill Foundas; First Defendant/first Respondent: Sean Magnus Wengel; Second Defendant/first Respondent: Robert William Whitton
Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Appeal and Interlocutory Motions / Procedural Directions Before Hearing on Motion
Outcome
Directions and interlocutory orders made, including extension of stay, procedural steps for evidence and submissions, further pro bono referral (if required), and administrative directions.
Legal Topics
Pro Bono Referral, Extension of Stay, Transfer of Notice of Motion, Unrepresented Litigant, Jurisdiction of Court of Appeal
Civil Procedure Pro Bono Referral Extension of Stay Transfer of Notice of Motion Unrepresented Litigant Jurisdiction of Court of Appeal

Case Brief

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Parties

Peter Arambatzis

Plaintiff/respondent

Cassiani Foundas

Defendant/applicant

Bill Foundas

Plaintiff

Sean Magnus Wengel

First Defendant/first Respondent

Robert William Whitton

Second Defendant/first Respondent

Procedural Posture

Appeal and Interlocutory Motions / Procedural Directions Before Hearing on Motion

Legal Issues

  1. 1 Whether further pro bono referral should be made under UCPR
  2. 2 Whether ongoing effect of previous pro bono referral remains operative
  3. 3 Whether to grant a further extension of stay of writ of possession

Ratio Decidendi

The previous referral for pro bono assistance under the UCPR remains effective and ongoing in the absence of compliance with r 7.39 conditions for cessation; directions for evidence, submissions, adjournment, extension of stay, and procedural orders are made accordingly to progress the motion and maintain fairness to the unrepresented litigant.

Court Disposition

Directions and interlocutory orders made, including extension of stay, procedural steps for evidence and submissions, further pro bono referral (if required), and administrative directions.

Orders

  • By 6 September 2021, Mrs Foundas to file and serve any further affidavit or documentary evidence and submissions in support of her Notice of Motion filed 21 May 2021 and any relief to like effect.
  • By 27 September 2021, the respondents to file and serve any evidence and submissions in response.