He v Yeung

Case

[2015] NSWCA 86

02 March 2015


Details
AGLC Case Decision Date
He v Yeung [2015] NSWCA 86 [2015] NSWCA 86 02 March 2015

CaseChat Overview and Summary

In the matter of *He v Yeung*, the applicant sought a referral to a solicitor or barrister on the Pro Bono Panel for legal assistance in the future conduct of the proceedings. The respondent had filed a notice of motion for summary dismissal.

The primary legal issue before the court was whether the applicant qualified for referral to the Pro Bono Panel under rule 7.36 of the *Uniform Civil Procedure Rules 2005* (NSW). This rule governs requests for legal assistance from the Pro Bono Panel.

Emmett JA, applying rule 7.36, determined that the applicant should be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel. The court reasoned that the applicant met the criteria for such a referral, thereby granting the request for legal assistance.

Consequently, the court ordered that the applicant be referred to the Registrar for referral to the Pro Bono Panel for general representation. The respondent's notice of motion for summary dismissal was stood over to a later date, and future listings were vacated pending that hearing. No orders were made as to the costs of the day or the applicant's motion.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Costs

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