Capilano Honey Ltd v Mulvany [2017] NSWSC 833

Capilano Honey Ltd v Mulvany [2017] NSWSC 833

Given the defendant's unrepresented status and the arguable case that interlocutory orders may unduly constrain his entitlement to discuss a matter of public interest, the Court considers it appropriate to refer Mr Mulvany to the registrar for pro bono legal assistance pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 7.36, in relation to his notice of motion to vary the injunction.

Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Civil / Interlocutory Application
Outcome
Defendant referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance
Legal Topics
['interlocutory Injunctions' 'pro Bono Legal Assistance' 'variation of Orders']
['defamation'] ['interlocutory Injunctions' 'pro Bono Legal Assistance' 'variation of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether interlocutory orders restraining publication should be varied to permit the defendant to discuss the nature of the claim for fundraising purposes' "Desirability of obtaining pro bono legal assistance for the defendant's application"]

Ratio Decidendi

Given the defendant's unrepresented status and the arguable case that interlocutory orders may unduly constrain his entitlement to discuss a matter of public interest, the Court considers it appropriate to refer Mr Mulvany to the registrar for pro bono legal assistance pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 7.36, in relation to his notice of motion to vary the injunction.

Court Disposition

Defendant referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance

Orders

  • ['Mr Mulvany referred to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance confined to advice in relation to his notice of motion to vary the injunction and representation at the hearing of that motion.']