NSW Caselaw
New South Wales Supreme Court
CITATION : Bodenstein v Voukelatos [2010] NSWSC 249
HEARING DATE(S) : 15 January 2010
JUDGMENT DATE : 31 March 2010
JUDGMENT OF : Harrison J
DECISION : Plaintiff's application for referral for legal assistance pursuant to UCPR 7.36 refused.
CATCHWORDS : LEGAL ASSISTANCE – UCPR 7.36 – application for court appointed referral for legal assistance – application unsupported by evidence – plaintiff directed to provide affidavit in support of application – no affidavit provided – application refused.
CATEGORY : Consequential orders
Amir Bodenstein (Plaintiff) PARTIES : Zois Voukelatos (First Defendant) Vessela Voukelatos (Second Defendant)
FILE NUMBER(S) : SC 2004/181952
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HARRISON J
31 March 2010
2004/181952 Amir Bodenstein v Zois and Vessela Voukelatos
JUDGMENT
1 HIS HONOUR: Mr Bodenstein applies by notice of motion for an order that he "be referred to the pro bono panel" pursuant to what is now UCPR 7.36. That rule is relevantly in these terms: " Division 9 Court appointed referral for legal assistance
7.36 Referral to a barrister or solicitor
(1) If satisfied that it is in the interests of the administration of justice, the court may, by order, refer a litigant to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.
(2) For the purposes of subrule (1), the court may take into account:
(a) the means of the litigant, and
(b) the capacity of the litigant to obtain legal assistance outside the scheme, and
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