Marino (a pseudonym) v Bello (a pseudonym) [2022] NSWCA 50

Marino (a pseudonym) v Bello (a pseudonym) [2022] NSWCA 50

The Court declined to refer the applicant for pro bono assistance as there was a lack of obvious merit, failed amendments to pleadings, previous unsuccessful pro bono referral, and no persuasive indication that pro bono legal assistance would bring likely benefit to the applicant or the proceedings. The Court's discretion was not exercised in favour of the applicant.

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Application for Pro Bono Referral and Review of Registrar's Orders / Interlocutory Motion/procedural Ruling
Outcome
Application for pro bono referral dismissed; notices of motion dismissed
Legal Topics
['application for Pro Bono Assistance' 'referral Criteria Under UCPR R 7.36']
['practice and Procedure'] ['application for Pro Bono Assistance' 'referral Criteria Under UCPR R 7.36']

Case Brief

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Procedural Posture

Application for Pro Bono Referral and Review of Registrar's Orders / Interlocutory Motion/procedural Ruling

Legal Issues

  1. 1 ['Should the Court refer the applicant for pro bono legal assistance under Uniform Civil Procedure Rules 2005 (NSW) r 7.36?' 'Does the applicant meet the referral criteria including means, complexity, and previous assistance?' 'Should the notices of motion (5 November 2021 and 25 March 2022) be dismissed?']

Ratio Decidendi

The Court declined to refer the applicant for pro bono assistance as there was a lack of obvious merit, failed amendments to pleadings, previous unsuccessful pro bono referral, and no persuasive indication that pro bono legal assistance would bring likely benefit to the applicant or the proceedings. The Court's discretion was not exercised in favour of the applicant.

Court Disposition

Application for pro bono referral dismissed; notices of motion dismissed

Orders

  • ['Dismiss the notice of motion of 5 November 2021 in respect of the application for pro bono assistance.' 'Dismiss the notice of motion of 25 March 2022.' 'Order the applicant to pay the costs of the 3-5th respondents on the motion.']