Margan v Manias [2014] NSWSC 889

Margan v Manias [2014] NSWSC 889

Referral under r 7.36 was justified because the Plaintiff lacked the means and capacity to obtain legal assistance outside the scheme, had made unsuccessful attempts to secure assistance, raised sufficiently complex and serious questions of law with some likelihood of success, and special reasons existed for a further referral because the earlier limited pro bono assistance related to proceedings arising from the same incidents and claim.

Jurisdiction
Australia
Judgment Date
02 July 2014
Procedural Posture
Application for Pro Bono Assistance in Proceedings Under S 69 of the Supreme Court Act 1970 (nsw) for Judicial Review / Interlocutory Application
Outcome
Application for pro bono assistance granted.
Legal Topics
['pro Bono Assistance' 'judicial Review of Tribunal Decision' 'unlawful Vilification' 'special Reasons for Further Referral']
['legal Aid' 'administrative Law' 'civil Procedure'] ['pro Bono Assistance' 'judicial Review of Tribunal Decision' 'unlawful Vilification' 'special Reasons for Further Referral']

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Procedural Posture

Application for Pro Bono Assistance in Proceedings Under S 69 of the Supreme Court Act 1970 (nsw) for Judicial Review / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Plaintiff should be referred for pro bono assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether special reasons justified a further referral where the Plaintiff had previously obtained pro bono assistance within the immediately preceding period of 3 years.' "Whether the Plaintiff's means, inability to obtain legal assistance outside the scheme, and the nature and complexity of the proceedings supported referral."]

Ratio Decidendi

Referral under r 7.36 was justified because the Plaintiff lacked the means and capacity to obtain legal assistance outside the scheme, had made unsuccessful attempts to secure assistance, raised sufficiently complex and serious questions of law with some likelihood of success, and special reasons existed for a further referral because the earlier limited pro bono assistance related to proceedings arising from the same incidents and claim.

Court Disposition

Application for pro bono assistance granted.

Orders

  • ['The Plaintiff is referred to the Registrar of the Court for a referral to a barrister or solicitor on the pro bono panel for legal assistance to advise and appear at the hearing.']