Sayed v National Australia Bank Limited [2019] NSWCA 282

Sayed v National Australia Bank Limited [2019] NSWCA 282

It was in the interests of justice to make the referral because the appeal proceedings had factual complexity, it was not possible to conclude that they would not ultimately succeed, Mr Sayed had been unrepresented at first instance and had been unable to obtain legal assistance for the appeal proceedings, and legal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Civil Procedure Application in Appeal or Leave to Appeal Proceedings / Notice of Motion Seeking Referral to the Pro Bono Panel Under R 7.36 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Application for referral to the Pro Bono Panel granted.
Legal Topics
['unrepresented Litigant' 'pro Bono Panel Referral' 'interests of the Administration of Justice']
['civil Procedure'] ['unrepresented Litigant' 'pro Bono Panel Referral' 'interests of the Administration of Justice']

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Procedural Posture

Civil Procedure Application in Appeal or Leave to Appeal Proceedings / Notice of Motion Seeking Referral to the Pro Bono Panel Under R 7.36 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether it was in the interests of the administration of justice to refer Mr Sayed to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

It was in the interests of justice to make the referral because the appeal proceedings had factual complexity, it was not possible to conclude that they would not ultimately succeed, Mr Sayed had been unrepresented at first instance and had been unable to obtain legal assistance for the appeal proceedings, and legal advice would either assist in avoiding futile litigation or identify a way to put the cases with a real prospect of success.

Court Disposition

Application for referral to the Pro Bono Panel granted.

Orders

  • ['Pursuant to r 7.36 of the UCPR, Mr Sayed is referred to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.']