Hussain v Shahidulalam [2017] NSWSC 1564

Hussain v Shahidulalam [2017] NSWSC 1564

Referral to the pro bono legal panel was refused because, given the long history of the case, plaintiff's explanations, the likely delay of the hearing if referral were granted, and the limited complexity of issues, it was not in the interests of the administration of justice. The applications for dismissal for want...

Source-derived case information.

Parties
Plaintiff: Mohammad Munir Hussain; Defendant: Md Shahidulalam
Jurisdiction
Australia
Judgment Date
07 November 2017
Procedural Posture
Appeal / Interlocutory Application
Outcome
Application for referral to the pro bono panel refused. Applications for dismissal for want of due despatch and for security for costs not determined.
Legal Topics
Pro Bono Referral, Security for Costs, Dismissal for Want of Due Despatch
Civil Procedure Pro Bono Referral Security for Costs Dismissal for Want of Due Despatch

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Parties

Mohammad Munir Hussain

Plaintiff

Md Shahidulalam

Defendant

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff should be referred to the pro bono panel for legal assistance
  2. 2 Whether the proceedings should be dismissed for want of due despatch
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

Referral to the pro bono legal panel was refused because, given the long history of the case, plaintiff's explanations, the likely delay of the hearing if referral were granted, and the limited complexity of issues, it was not in the interests of the administration of justice. The applications for dismissal for want of due despatch and for security for costs were not determined and may be considered at a later stage.

Court Disposition

Application for referral to the pro bono panel refused. Applications for dismissal for want of due despatch and for security for costs not determined.

Orders

  • The application for referral to the pro bono panel is refused.
  • The applications for dismissal for want of due despatch and for security for costs are not determined.