Guha v Guha

The appeal concerned an application by the appellant, Mr Guha, for referral to a pro bono service for assistance with his appeal. This was the second such application made by Mr Guha within a three-year period. The appeal itself related to a dispute between Mr Guha and his brother, Mr Guha, concerning property. The application for pro bono assistance was heard by Basten JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether there were special reasons to grant a second application for pro bono assistance, given the appellant's previous unsuccessful application. The Court also considered whether an attempt by the appellant to rely on a mediation agreement, which had not been raised in the court below, constituted a relevant factor in assessing the prospects of success on appeal.

Basten JA noted that the appellant had not demonstrated any change in circumstances since his previous application for pro bono assistance. The mediation agreement, even if it had been properly before the Court, did not establish special reasons for granting the application. Furthermore, the Court found that the appellant had not shown any reasonable prospects of success on the substantive appeal, a critical factor in determining whether to grant pro bono assistance. The appellant's reliance on advice from previous lawyers was also insufficient to establish special reasons.

Consequently, the appellant’s notice of motion dated 20 September 2021 was dismissed.