Grant Mears v Sydney Anglican Schools Corporation

In the Supreme Court of New South Wales, Court of Appeal, McColl JA considered an application by Mr Grant Mears, seeking leave to represent Mrs Gloria Mears in an application for pro bono assistance and in a related application for a stay of costs orders. The respondents were the Sydney Anglican Schools Corporation. The core of the dispute concerned Mr Mears's attempts to secure pro bono legal representation for Mrs Mears and to stay certain costs orders made by the District Court.

The primary legal issues before the Court were whether leave should be granted for Mr Mears to represent Mrs Mears in the pro bono referral application and the stay application, and whether the Court should grant the application for a referral to a barrister or solicitor on the Court's pro bono panel. Additionally, the Court was required to determine whether the applicants had established a basis for a stay of the District Court's costs orders. The Court also considered the prospects of success of the leave application and whether it was in the interests of justice to grant the referral, having regard to prior pro bono referrals and the relevant provisions of the Uniform Civil Procedure Rules 2005 (NSW) and the Civil Procedure Act 2005 (NSW).

McColl JA granted leave for Mr Mears to represent Mrs Mears in both the pro bono assistance application and the stay application. However, the application for a referral to a barrister or solicitor on the Court’s pro bono panel was refused. Similarly, the application for a stay of the District Court’s costs orders was also refused. Consequently, the applicants were ordered to pay the respondents’ costs of the application.