Marino (a pseudonym) v Bello (a pseudonym)

The applicant, Marino, sought a referral for pro bono assistance in proceedings before the Court of Appeal of New South Wales. This application followed two previous unsuccessful attempts by the applicant to obtain pro bono assistance. The first prior application was in an unrelated matter, and the second was in the present matter, where assistance was ultimately not obtained.

The central legal issue before the Court of Appeal was the nature of the discretion to grant a referral for pro bono assistance, particularly in circumstances where previous applications had been unsuccessful and the current application lacked obvious merit. The Court was required to consider whether the applicant had demonstrated sufficient grounds to warrant a further referral, given the history of the matter and the apparent lack of a strong case.

In dismissing the application, Basten JA applied the principles governing the exercise of discretion in granting pro bono referrals. His Honour considered the applicant's prior unsuccessful attempts and the absence of any compelling reason to depart from the usual course. The Court found that the application did not possess sufficient merit to justify a further referral for pro bono assistance, emphasizing that such referrals are not to be granted lightly and require a demonstration of a genuine need and a case with a reasonable prospect of success.

Consequently, the Court of Appeal dismissed the applicant's notices of motion dated 5 November 2021 and 25 March 2022, and ordered that the applicant pay the costs of the third to fifth respondents in relation to the motions.