Lemme v Yassa

[2022] NSWSC 592

Supreme Court

New South Wales

Medium Neutral Citation:

Lemme v Yassa [2022] NSWSC 592

Hearing dates:

3 May 2022

Date of orders:

3 May 2022

Decision date:

03 May 2022

Jurisdiction:

Common Law

Before:

Dhanji J

Decision:

(1)   I refer the applicant to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.

(2)   That assistance may include:

(a)   Advice with respect to the proceedings;

(b)   The settling of any further evidence to be relied upon with respect to the proceedings; and

(c)   The conduct of the proceedings generally.

(3)   There be no order as to costs.

Catchwords:

CIVIL PROCEDURE – notice of motion – application for referral to Pro Bono Panel for legal assistance – application granted

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW)

Category:

Procedural rulings

Parties:

Shanan Lemme (Plaintiff)
Amir Yassa (First Defendant)
Mala Professional Services Pty Ltd (Second Defendant)

Representation:

Solicitors:
Uther Webster & Evans Solicitors (Defendants)

File Number(s):

2021/354552

Publication restriction:

Nil

EXTEMPORE Judgment (REVISED)

1. HIS HONOUR: The plaintiff in these proceedings has filed a notice of motion dated 22 April 2022 in which he seeks an order pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) that he be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.

2. The defendant appears but indicated that he does not take a position with respect to the application.

3. The plaintiff has filed an affidavit in support of the motion, which outlines the attempts that he has made to obtain legal representation. He also provides medical evidence in relation to particular difficulties with his health, making it difficult for him to manage the proceedings unrepresented.

4. His affidavit indicates that he is currently homeless and he has confirmed this morning that continues to be the case, that he is reliant on social welfare benefits, and that he has no funds upon which he is able to draw in order to obtain legal representation.

5. Having regard to the plaintiff’s means and to his difficulty in obtaining any other legal assistance through Legal Aid or otherwise, together with the nature of the proceedings which appear to have some complexity, I am satisfied that it is in the interests of the administration of justice that the plaintiff be referred pursuant to r 7.36 of the UCPR.

6. In making the referral, I should also note that I am satisfied that the plaintiff has not previously obtained assistance under a referral.

7. I make the following orders:

1. I refer the applicant to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.

2. That assistance may include:

1. Advice with respect to the proceedings;

2. The settling of any further evidence to be relied upon with respect to the proceedings; and

3. The conduct of the proceedings generally.

3. There be no order as to costs.

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Decision last updated: 16 May 2022