Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No. 2) [2014] NSWSC 912

The Court extended the earlier limited pro bono reference because Mr McQuillen had identified two arguable defences involving technical issues requiring legal knowledge, and the Defendant was not in a position to conduct the defence in a way that would advance the interests of justice, which constituted special reasons for extending the reference.

Jurisdiction: Australia
Judgment Date: 08 July 2014
Procedural Posture: Interlocutory Applications / Application to Extend a Reference for Pro Bono Assistance
Outcome: The reference for pro bono assistance is extended.
Legal Topics: ['pro Bono Assistance' 'extension of Limited Reference' 'arguable Defence' 'special Reasons']

['legal Aid' 'civil Procedure'] ['pro Bono Assistance' 'extension of Limited Reference' 'arguable Defence' 'special Reasons']

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Procedural Posture

Interlocutory Applications / Application to Extend a Reference for Pro Bono Assistance

Legal Issues

1 ['Whether the earlier limited reference for pro bono assistance should be extended for the preparation and conduct of the hearing of the matter.' 'Whether special reasons existed under r 7.36(2A) Uniform Civil Procedure Rules 2005 (NSW) to extend the pro bono reference.']

Ratio Decidendi

Court Disposition

The reference for pro bono assistance is extended.

Orders

['The earlier limited reference is extended for the provision of assistance for the preparation and conduct of the hearing of the matter.']