Westpac Banking Corporation v Channel 8 Holdings Pty Ltd [2014] NSWSC 357

Westpac Banking Corporation v Channel 8 Holdings Pty Ltd [2014] NSWSC 357

The Court was satisfied that Mr Martin's financial position and capacity to obtain legal assistance justified assistance, and although the proceedings appeared relatively straightforward, the allegation that the lender dealt with the other guarantor warranted an opportunity for legal advice. Because of demand on pro bono schemes, the referral was limited to advice about his existing Defence and whether he had any other defence to the claim.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Application for Pro Bono Assistance in Proceedings Seeking Possession of Land and Judgment for Default Under a Loan Agreement and Mortgage / Interlocutory Application
Outcome
Pursuant to Part 7, Rule 36 of the UCPR, the Defendant is referred to the Registrar to allow for assistance under the Bar Association Pro Bono Scheme in relation to advice about his defence only.
Legal Topics
['pro Bono Assistance Under the Ucpr' 'loan Agreement and Mortgage Default' 'guarantee Liability' 'co Guarantors']
['legal Aid' 'civil Procedure' 'banking and Finance'] ['pro Bono Assistance Under the Ucpr' 'loan Agreement and Mortgage Default' 'guarantee Liability' 'co Guarantors']

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Procedural Posture

Application for Pro Bono Assistance in Proceedings Seeking Possession of Land and Judgment for Default Under a Loan Agreement and Mortgage / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Second Defendant should be referred for assistance under the Bar Association Pro Bono Scheme under r 7.36 of the UCPR.' "Whether any pro bono assistance should be limited to advice about the Second Defendant's defence to the Plaintiff's claim."]

Ratio Decidendi

The Court was satisfied that Mr Martin's financial position and capacity to obtain legal assistance justified assistance, and although the proceedings appeared relatively straightforward, the allegation that the lender dealt with the other guarantor warranted an opportunity for legal advice. Because of demand on pro bono schemes, the referral was limited to advice about his existing Defence and whether he had any other defence to the claim.

Court Disposition

Pursuant to Part 7, Rule 36 of the UCPR, the Defendant is referred to the Registrar to allow for assistance under the Bar Association Pro Bono Scheme in relation to advice about his defence only.

Orders

  • ['The Defendant is referred to the Registrar under r 7.36 with the request that the Registrar arrange legal representation for Mr Martin.' "The assistance is limited in the first instance to advice in relation to Mr Martin's existing Defence and whether or not he has any other defence to the claim."]