Iqbal v Hotel Operations Solutions Pty Ltd

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.