Young v Roads and Maritime Services

[2016] NSWCA 291

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Young v Roads and Maritime Services [2016] NSWCA 291
Hearing dates:	17 October 2016
Date of orders:	17 October 2016
Decision date:	17 October 2016
Before:	Beazley ACJ
Decision:	1.   Being satisfied that it is in the interests of justice to do so, I refer the applicant, Maureen Mary Young, to the Registrar for referral to a barrister for legal assistance to give advice in relation to the leave granted by this Court in order 1 made 1 September 2016;  2.   The notice of motion filed 11 October 2016 is otherwise dismissed.
Catchwords:	PRACTICE – pro bono referral – whether referral in interests of justice – where applicant has previously received referral – scope of pro bono referral scheme – whether referral appropriate in relation to special leave application
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW)
Category:	Principal judgment
Parties:	Maureen Mary Young (Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: In person (Applicant) N/A (Respondent)   Solicitors: In person (Applicant) N/A (Respondent)
File Number(s):	2014/339704
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: Young v Roads and Maritime Services [2015] NSWSC 918; Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944; Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Date of Decision: 10 July 2015; 17 December 2015; 22 April 2016 Before: Hidden J; Button J File Number(s): 2014/198018; 2015/249441

Judgment

1. HER HONOUR: The applicant, Maureen Mary Young, by notice of motion filed 11 October 2016 seeks orders for a referral for pro bono assistance under the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), Div 9, Pt 7. By order 2 sought in that notice of motion, Ms Young seeks a referral for legal assistance including in respect of the orders the Court made in her favour on 1 September 2016 whereby leave was granted to her to appeal against orders 5 and 6 of the orders made by Button J on 22 April 2016. In my opinion, it is appropriate under the pro bono referral scheme that a referral be made to counsel to advise in relation to those orders.

2. Ms Young also seeks a referral for pro bono legal assistance from counsel for advice in relation to the balance of the matters in respect of which leave was not granted. The purpose for seeking that pro bono advice is to assist her in relation to an application she wishes to make to seek special leave to appeal to the High Court.

3. I reject the application for pro bono assistance from senior counsel regarding a special leave application in the High Court in respect of the grounds of appeal dismissed on 1 September 2016. My reasons for doing so are, first, in my opinion, the pro bono scheme for which the UCPR, Div 9, Pt 7 provides is one which is only applicable in respect of proceedings relevantly in the Supreme Court including the Court of Appeal, and, in those circumstances, I do not consider that there is power for me to make an order in respect of pro bono assistance in the High Court. Secondly, having been part of the Court that dealt with Ms Young's amended summons seeking leave to appeal in respect of which the Court made orders and published its reasons on 1 September 2016: Young v Roads and Maritime Services [2016] NSWCA 258, I am not satisfied that there is sufficient prospects of Ms Young being granted special leave to appeal.

4. Accordingly, I make the following orders:

1.   Being satisfied that it is in the interests of justice to do so, I refer the applicant, Maureen Mary Young, to the Registrar for referral to a barrister for legal assistance to give advice in relation to the leave granted by this Court in order 1 made 1 September 2016;

2.   The notice of motion filed 11 October 2016 is otherwise dismissed.

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Decision last updated: 24 October 2016