Arambatzis v Foundas (No 3) [2021] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arambatzis v Foundas (No 3) [2021] NSWCA 189 Hearing dates: 16 August 2021 Date of orders: 16 August 2021 Decision date: 16 August 2021 Before: Brereton JA Decision: (1) By 6 September 2021, Mrs Foundas file and serve any further affidavit or documentary evidence and submissions in support of her Notice of Motion filed 21 May 2021 and any relief to like effect; (2) By 27 September 2021, the respondents file and serve any evidence and submissions in response; (3) The proceedings be adjourned to 11 October 2021 before the Registrar, with a view to allocation of a hearing date; (4) The stay of execution of the writ for possession issued on 7 January 2021, originally granted on 1 March 2021 and subsequently extended, be further extended to 11 October 2021; (5) Insofar as it be necessary, in circumstances where prima facie it has been filed in proceedings in the Equity Division, the Notice of Motion be transferred to the Court of Appeal; (6) Insofar as it be necessary, the applicant is referred for further pro bono assistance generally in the proceedings; and (7) The Registrar provide a copy of these reasons for judgment to the Executive Director & Principal Registrar of the Supreme Court of New South Wales, the Director & Prothonotary of the Supreme Court of New South Wales, and the President of the Bar Association of New South Wales. Catchwords: CIVIL PROCEDURE – Representation – Unrepresented litigant – Pro bono referral – Third referral – Where Bar Association has indicated that no further assistance will be provided without additional referral – No conditions for ceasing to provide ongoing assistance satisfied – Bar Association guidelines not relevant – Further referral made but ongoing effect of previous referral emphasised JUDGMENTS AND ORDERS – Court of Appeal – Extension of stay of execution of writ for possession – Extension not opposed – Extension granted and orders made with view to progressing matter to hearing CIVIL PROCEDURE – Jurisdiction – Transfer of Notice of Motion from Supreme Court to Court of Appeal Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 7.34, 7.35, 7.36, 7.37, 7.38, 7.39(1), 7.40; Pt 7, Div 9 Cases Cited: Arambatzis v Foundas; Foundas v Wengel [2021] NSWCA 78 Arambatzis v Foundas (No 2) [2021] NSWCA 125 Clark v State of New South Wales [2018] NSWSC 450 Category: Procedural rulings Parties: Proceedings 2018/184682 Peter Arambatzis (Plaintiff/Respondent) Cassiani Foundas (Defendant/Applicant)