Bott v Carter
Case
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[2011] NSWCA 96
•11 April 2011
Details
AGLC
Case
Decision Date
Bott v Carter [2011] NSWCA 96
[2011] NSWCA 96
11 April 2011
CaseChat Overview and Summary
In *Bott v Carter*, the appellant sought referral for pro bono legal assistance and an extension of time to file submissions. The application concerned the appellant's ability to prosecute an appeal, likely in a professional negligence matter, given the absence of legal representation.
The primary legal issues before the court were whether special reasons existed to justify a referral for pro bono assistance under the relevant rules, and whether an extension of time for filing submissions should be granted. The court also considered the appropriate disposition of the costs of the application.
Hodgson JA, applying rule 7.36 of the Uniform Civil Procedure Rules 2005, found that special reasons warranted the referral of the appellant to the Registrar for pro bono assistance. This referral was specifically to an experienced junior counsel in professional negligence to aid in the preparation of a draft statement of claim and submissions for the appeal. The court also extended the time for the appellant to file submissions until 23 May 2011. The costs of the application were made costs in the appeal.
The primary legal issues before the court were whether special reasons existed to justify a referral for pro bono assistance under the relevant rules, and whether an extension of time for filing submissions should be granted. The court also considered the appropriate disposition of the costs of the application.
Hodgson JA, applying rule 7.36 of the Uniform Civil Procedure Rules 2005, found that special reasons warranted the referral of the appellant to the Registrar for pro bono assistance. This referral was specifically to an experienced junior counsel in professional negligence to aid in the preparation of a draft statement of claim and submissions for the appeal. The court also extended the time for the appellant to file submissions until 23 May 2011. The costs of the application were made costs in the appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Appeal
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Costs
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Injunction
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Procedural Fairness
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Stay of Proceedings
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Citations
Bott v Carter [2011] NSWCA 96
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