Thomas v Stockman and Evans Solicitors

In *Thomas v Stockman and Evans Solicitors*, the applicant sought a stay of possession and sale of a property, in which they held a beneficial interest, by the trustees for sale. The application was heard by Campbell JA.

The primary legal issue before the court was whether the applicant had reasonable prospects of success in their appeal against the order for possession and sale. A secondary issue arose concerning the applicant's capacity to effectively pursue their legal rights, given their vision impairment, reliance on a pension, and regional residence, and whether this warranted referral to a pro bono panel.

Campbell JA refused to grant a stay of the order for possession pending appeal, finding that the applicant had not satisfied the court of reasonable prospects of success. However, acknowledging the significant obstacles faced by the self-represented applicant in exercising their legal rights, his Honour considered it appropriate to refer the applicant to the Registrar for referral to a pro bono panel under UCPR 7.36 to obtain advice regarding the review of his decision.

Consequently, the operation of the order for possession was stayed until Monday 18 February 2013, and the time for applying for review of the decision was extended to Wednesday 12 December 2012.