Bott v Carter [2011] NSWCA 96

Bott v Carter [2011] NSWCA 96

The prior unsuccessful attempts to secure pro bono assistance and the appellant's clear need amount to special reasons justifying another referral under rule 7.36. However, the appeal should not be stayed while awaiting appointment of counsel; instead, the appellant is given extra time to allow for the possibility of obtaining pro bono assistance.

Jurisdiction
Australia
Judgment Date
11 April 2011
Procedural Posture
Notice of Motion (pro Bono Referral) in Appeal / Interlocutory Application (procedural Order Within Appeal)
Outcome
Application for further pro bono referral granted in part; stay refused; extension of time for submissions granted; costs in the appeal.
Legal Topics
['pro Bono Assistance' 'extension of Time' 'costs']
['civil Procedure'] ['pro Bono Assistance' 'extension of Time' 'costs']

Case Brief

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Procedural Posture

Notice of Motion (pro Bono Referral) in Appeal / Interlocutory Application (procedural Order Within Appeal)

Legal Issues

  1. 1 ['Whether special reasons exist for a further referral to pro bono counsel under rule 7.36' 'Whether stay should be granted pending appointment of pro bono counsel']

Ratio Decidendi

The prior unsuccessful attempts to secure pro bono assistance and the appellant's clear need amount to special reasons justifying another referral under rule 7.36. However, the appeal should not be stayed while awaiting appointment of counsel; instead, the appellant is given extra time to allow for the possibility of obtaining pro bono assistance.

Court Disposition

Application for further pro bono referral granted in part; stay refused; extension of time for submissions granted; costs in the appeal.

Orders

  • ['Pursuant to rule 7.36, the appellant is referred to the Registrar for referral to a barrister on the Pro Bono Panel for legal assistance, preferably in professional negligence, to assist with the preparation of a draft statement of claim and submissions on appeal.' "Extended time for filing of appellant's...