Guha v Guha [2021] NSWCA 245

Procedural Posture

Application in Appeal for Referral for Pro Bono Legal Assistance / Notice of Motion Dated 20 September 2021 Before the Court of Appeal

Legal Issues

1. 1 ['Whether the appellant should be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance under the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether special reasons justified a further referral where the appellant had received a referral for pro bono assistance within the preceding three years.' 'Whether the proposed appeal based on an alleged mediation agreement had sufficient prospects of success to warrant a referral.']

Ratio Decidendi

Although the appellant lacked the means to pay for legal assistance, she had already received a pro bono referral earlier in the year, so special reasons were required for a further referral. The proposed appeal depended on an alleged mediation agreement, but the available inference was that no enforceable mediation agreement had been reached, the issue had not been raised below, and the appellant had already raised it with her previous pro bono lawyers. The proposed appeal had no prospects of success and no special reasons justified another referral.

Court Disposition

The appellant's notice of motion was dismissed.

Orders

• ["Dismiss the appellant's notice of motion of 20 September 2021."]