Odlum v Stephen Friend t/as Friend & Co Lawyers and anor [2021] NSWSC 577

Odlum v Stephen Friend t/as Friend & Co Lawyers and anor [2021] NSWSC 577

Neither the plaintiff's lack of financial capacity nor unfamiliarity with court procedure, individually or together, amounted to 'special reasons' under r 7.36(2A), especially given two prior unsuccessful referrals for pro bono assistance—all relevant circumstances do not justify a further referral; application dismissed.

Parties
Plaintiff: Judith Odlum; First Defendant: Stephen Friend t/as Friend & Co Lawyers; Second Defendant: Andrew J Paterson
Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Notice of Motion Within Negligence Proceedings / Interlocutory Application for Pro Bono Panel Referral—third Application
Outcome
Notice of motion dismissed
Legal Topics
Pro Bono Referral, Practice and Procedure, Special Reasons Under UCPR R 7.36(2 A)
Civil Procedure Pro Bono Referral Practice and Procedure Special Reasons Under UCPR R 7.36(2 A)

Case Brief

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Parties

Judith Odlum

Plaintiff

Stephen Friend t/as Friend & Co Lawyers

First Defendant

Andrew J Paterson

Second Defendant

Procedural Posture

Notice of Motion Within Negligence Proceedings / Interlocutory Application for Pro Bono Panel Referral—third Application

Legal Issues

  1. 1 Whether there are 'special reasons' justifying a third referral to the pro bono panel under UCPR r 7.36(2A) despite two prior referrals in last three years

Ratio Decidendi

Neither the plaintiff's lack of financial capacity nor unfamiliarity with court procedure, individually or together, amounted to 'special reasons' under r 7.36(2A), especially given two prior unsuccessful referrals for pro bono assistance—all relevant circumstances do not justify a further referral; application dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • The notice of motion filed by the plaintiff on 15 April 2021 is dismissed.
  • The question of costs of the motion is reserved for determination by the trial judge.