He v Yeung [2015] NSWCA 86

He v Yeung [2015] NSWCA 86

Given uncertainty as to the applicant's means and in the interests of justice, the applicant should be referred for pro bono legal assistance and the respondent's motion be adjourned to allow for such representation.

Jurisdiction
Australia
Judgment Date
02 March 2015
Procedural Posture
Appeal / Interlocutory Application for Pro Bono Referral and Adjournment of Summary Dismissal Motion
Outcome
Orders made referring applicant to the Registrar for pro bono panel referral, adjourning the respondent's application for summary dismissal, and no order as to costs for the relevant hearings.
Legal Topics
['pro Bono Referral' 'summary Dismissal' 'appeal Procedure']
['civil Procedure'] ['pro Bono Referral' 'summary Dismissal' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Pro Bono Referral and Adjournment of Summary Dismissal Motion

Legal Issues

  1. 1 ['Whether it is appropriate to refer the applicant to the Pro Bono Panel under Uniform Civil Procedure Rules 2005 (NSW) r 7.36' 'Management of interlocutory motions in the conduct of appeal proceedings']

Ratio Decidendi

Given uncertainty as to the applicant's means and in the interests of justice, the applicant should be referred for pro bono legal assistance and the respondent's motion be adjourned to allow for such representation.

Court Disposition

Orders made referring applicant to the Registrar for pro bono panel referral, adjourning the respondent's application for summary dismissal, and no order as to costs for the relevant hearings.

Orders

  • ['The applicant on the motion filed on 18 February 2015 be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance consisting of representation generally in the future conduct of the proceedings.' 'The notice of motion for summary dismissal filed by the...