IMBK Pty Ltd v Zheng Tan [2016] NSWSC 1175

IMBK Pty Ltd v Zheng Tan [2016] NSWSC 1175

Although the nature and complexity of the proceedings made it in the interests of the administration of justice that the defendant have legal assistance, the defendant's evidence about his means and his capacity to obtain legal assistance outside the scheme was inadequate. He had not given adequate evidence of his assets and liabilities, assets possibly held for him in another name, his wife's assets or willingness to make them available, his income, the application of money received from his father-in-law, or attempts to obtain legal representation otherwise than through Legal Aid or the Law Society's scheme. The court was therefore not satisfied that he should be referred to the...

Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Application for Referral 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) / Defendant's Notice of Motion Filed on 14 July 2016, Heard in the Duty List and Determined in Chambers After Further Material Was Provided
Outcome
Defendant's notice of motion dismissed; no order as to costs.
Legal Topics
['pro Bono Panel Referral' 'legal Assistance' 'means of Litigant' 'capacity to Obtain Legal Assistance Outside the Scheme' 'interests of the Administration of Justice' 'nature and Complexity of Proceedings']
['practice and Procedure' 'civil Procedure'] ['pro Bono Panel Referral' 'legal Assistance' 'means of Litigant' 'capacity to Obtain Legal Assistance Outside the Scheme' 'interests of the Administration of Justice' 'nature and Complexity of Proceedings']

Case Brief

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Procedural Posture

Application for Referral 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) / Defendant's Notice of Motion Filed on 14 July 2016, Heard in the Duty List and Determined in Chambers After Further Material Was Provided

Legal Issues

  1. 1 ['Whether the defendant should be referred 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).' 'Whether the defendant provided adequate evidence of his means and capacity to obtain legal assistance outside the Pro Bono Scheme.']

Ratio Decidendi

Although the nature and complexity of the proceedings made it in the interests of the administration of justice that the defendant have legal assistance, the defendant's evidence about his means and his capacity to obtain legal assistance outside the scheme was inadequate. He had not given adequate evidence of his assets and liabilities, assets possibly held for him in another name, his wife's assets or willingness to make them available, his income, the application of money received from his father-in-law, or attempts to obtain legal representation otherwise than through Legal Aid or the Law Society's scheme. The court was therefore not satisfied that he should be referred to the...

Court Disposition

Defendant's notice of motion dismissed; no order as to costs.

Orders

  • ["Order that the defendant's notice of motion filed on 14 July 2016 be dismissed." 'Make no order as to costs.']