Lemme v Yassa [2022] NSWSC 592

Lemme v Yassa [2022] NSWSC 592

Given the plaintiff's lack of means, inability to secure other legal assistance, ongoing homelessness, and the complexity of the case, referral for pro bono legal assistance is in the interests of justice under r 7.36 of the UCPR.

Parties
Plaintiff: Shanan Lemme; First Defendant: Amir Yassa; Second Defendant: Mala Professional Services Pty Ltd
Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Notice of Motion / Application for Referral to Pro Bono Panel
Outcome
Application granted
Legal Topics
Referral to Pro Bono Panel, Legal Assistance, Uniform Civil Procedure Rules R 7.36
Civil Procedure Referral to Pro Bono Panel Legal Assistance Uniform Civil Procedure Rules R 7.36

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Parties

Shanan Lemme

Plaintiff

Amir Yassa

First Defendant

Mala Professional Services Pty Ltd

Second Defendant

Procedural Posture

Notice of Motion / Application for Referral to Pro Bono Panel

Legal Issues

  1. 1 Whether the applicant 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)

Ratio Decidendi

Given the plaintiff's lack of means, inability to secure other legal assistance, ongoing homelessness, and the complexity of the case, referral for pro bono legal assistance is in the interests of justice under r 7.36 of the UCPR.

Court Disposition

Application granted

Orders

  • Applicant referred to Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.
  • Assistance may include advice on proceedings, settling evidence, and conduct of proceedings generally.