Robinson v The State of New South Wales

The plaintiff, Robinson, filed a claim against the State of New South Wales seeking damages for alleged breaches of contract and negligence. The case was heard by the Supreme Court of New South Wales, where Robinson, proceeding as a self-represented litigant, sought a referral to the Registrar for assistance from the Pro Bono Panel due to financial hardship. This was Robinson's third such referral in two years, with prior referrals also related to complex legal matters. The State of New South Wales, represented by counsel, opposed the referral, arguing that the plaintiff's financial hardship did not constitute special circumstances warranting further assistance, given the repetitive nature of the requests.

The court was tasked with determining whether the plaintiff's financial hardship and the complexity of the pleadings presented special reasons for a referral to the Pro Bono Panel. This involved examining the plaintiff's previous history of seeking pro bono assistance and assessing whether the current application for assistance was justified under the circumstances. The court had to balance the plaintiff's need for legal assistance against the State's argument that the plaintiff's repeated requests for such assistance did not meet the threshold for special circumstances.

In delivering the judgment, the court acknowledged the plaintiff's financial hardship and the complexity of the legal issues at hand. However, the court found that the repeated nature of the plaintiff's requests for pro bono assistance, coupled with the lack of new or special circumstances, did not warrant a referral to the Pro Bono Panel. The court emphasised that while it sympathised with the plaintiff's financial situation, it could not establish that the current application met the criteria for special reasons. Consequently, the plaintiff's application for a referral was dismissed.