Iqbal v Hotel Operations Solutions Pty Ltd - [2022] NSWCA 121

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Iqbal v Hotel Operations Solutions Pty Ltd [2022] NSWCA 121
Hearing dates: 1 July 2022
Date of orders: 7 July 2022
Decision date: 07 July 2022
Before: Ward P; Simpson AJA
Decision:
1. Applicant’s notice of motion filed 16 June 2022 be dismissed with costs.

Catchwords:
CIVIL PROCEDURE — Court of Appeal — Application for review of decision pursuant to s 46(4) of the Supreme Court Act 1970 (NSW) of dismissal of applicant’s notice of motion seeking referral for pro bono legal assistance — Notice of motion dismissed

Legislation Cited:
Supreme Court Act 1970 (NSW), ss 19(2), 46(4)
Uniform Civil Procedure Rules 2005 (NSW), rr 7.35, 7.36, 51.2, 51.58
Workers Compensation Act 1987 (NSW), s 4(b)(i), 4(b)(ii)
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353

Cases Cited:
Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353; [1949] HCA 26
House v The King (1936) 55 CLR 499; [1936] HCA 40
Iqbal v Hotel Operations Solutions Pty Ltd [2021] NSWPICPD 40
Iqbal v Hotel Operations Solutions Pty Ltd [2022] NSWCA 88
Kiri Te Kanawa v Leading Edge Events Australia Pty Ltd [2007] NSWCA 274
Lo v Iverarch [2009] NSWCA 92
Patrick v Howorth [2002] NSWCA 285
Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41
Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403
Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136

Category: Procedural rulings
Parties: Mohammed Javed Iqbal (Appellant)
Hotel Operations Solutions Pty Ltd (Respondent)
Representation: Counsel:
M Iqbal (in person)

File Number(s): 2021/353147
Publication restriction: Nil

Judgment

THE COURT: By notice of motion filed on 16 June 2022, the applicant (Mohammed Javed Iqbal), who is self-represented, seeks a review of the dismissal by Meagher JA on 7 June 2022 of Mr Iqbal’s notice of motion filed on 31 May 2022. In that notice of motion, Mr Iqbal sought an order pursuant to r 7.36(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) for referral for pro bono assistance in relation to his appeal brought under s 353 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (the Act). That appeal is listed for hearing in this Court on 28 July 2022.
Although not made clear in the notice of motion, it appears that the application for review is brought pursuant to s 46(4) of the Supreme Court Act 1970 (NSW) (Supreme Court Act).
An application for review pursuant to s 46(4) of the Supreme Court Act is not an appeal (see s 19(2) of the Supreme Court Act and rr 51.2 and 51.58 of the UCPR). What is required is that the applicant (i.e., here, Mr Iqbal) must show that there has been an error of principle in the exercise of the relevant power or that the decision was plainly wrong (Transglobal Capital Pty Ltd v Yolarno Pty…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] NSWCA 121
Decision Date: 07 July 2022

CaseChat Overview and Summary

The applicant, Mr. Iqbal, sought a review of a decision by the Supreme Court of New South Wales to dismiss his notice of motion. This motion had sought a referral for pro bono legal assistance. The respondent was Hotel Operations Solutions Pty Ltd. The review was brought before Ward P and Simpson AJA in the Court of Appeal pursuant to s 46(4) of the *Supreme Court Act 1970* (NSW).

The central legal issue before the Court of Appeal was whether the primary judge had erred in dismissing Mr. Iqbal's application for a referral for pro bono legal assistance. This required the Court to consider the appropriate threshold for such referrals and the discretion vested in the court to grant them.

The Court of Appeal affirmed the primary judge's decision, finding no error in the dismissal of the notice of motion. The Court reasoned that the applicant had not met the necessary threshold to warrant a referral for pro bono assistance. The principles applied focused on the limited circumstances under which such referrals are typically granted, emphasizing that it is not an automatic right but rather a discretionary measure available in specific situations where the applicant demonstrates a compelling need and the merits of the case warrant such support.

Consequently, the Court of Appeal ordered that the applicant's notice of motion filed on 16 June 2022 be dismissed, with costs awarded to the respondent.

Orders

Orders of the court

1. Applicant’s notice of motion filed 16 June 2022 be dismissed with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Iqbal v Hotel Operations Solutions Pty Ltd [2022] NSWCA 121
Hearing dates:	1 July 2022
Date of orders:	7 July 2022
Decision date:	07 July 2022
Before:	Ward P; Simpson AJA
Decision:	1. Applicant’s notice of motion filed 16 June 2022 be dismissed with costs.
Catchwords:	CIVIL PROCEDURE — Court of Appeal — Application for review of decision pursuant to s 46(4) of the Supreme Court Act 1970 (NSW) of dismissal of applicant’s notice of motion seeking referral for pro bono legal assistance — Notice of motion dismissed
Legislation Cited:	Supreme Court Act 1970 (NSW), ss 19(2), 46(4) Uniform Civil Procedure Rules 2005 (NSW), rr 7.35, 7.36, 51.2, 51.58 Workers Compensation Act 1987 (NSW), s 4(b)(i), 4(b)(ii) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353
Cases Cited:	Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353; [1949] HCA 26 House v The King (1936) 55 CLR 499; [1936] HCA 40 Iqbal v Hotel Operations Solutions Pty Ltd [2021] NSWPICPD 40 Iqbal v Hotel Operations Solutions Pty Ltd [2022] NSWCA 88 Kiri Te Kanawa v Leading Edge Events Australia Pty Ltd [2007] NSWCA 274 Lo v Iverarch [2009] NSWCA 92 Patrick v Howorth [2002] NSWCA 285 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136
Category:	Procedural rulings
Parties:	Mohammed Javed Iqbal (Appellant) Hotel Operations Solutions Pty Ltd (Respondent)
Representation:	Counsel: M Iqbal (in person)
File Number(s):	2021/353147
Publication restriction:	Nil