Bott v Carter [2011] NSWCA 96

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bott v Carter [2011] NSWCA 96 Hearing dates: 11 April 2011 Decision date: 11 April 2011 Before: Hodgson JA Decision: (1) Pursuant to rule 7.36, I refer the appellant to the Registrar for referral to a barrister on the Pro Bono Panel for legal assistance, if possible, an experienced junior counsel in the field of professional negligence, and in particular to assist the appellant with the preparation of a draft statement of claim and submissions on the appeal. (2) I extend the time for the filing of the appellant's submissions on the appeal to 23 May 2011. (3) I order that the costs of this application be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Referral for pro bono assistance - Whether special reasons exist - Whether stay should be granted. Legislation Cited: Uniform Civil Procedure Rules 2005, r 7.36 Category: Procedural and other rulings Parties: David Charles BOTT (appellant) Trevor John CARTER (first respondent) Clive Andreas EVATT (second respondent) Representation: Counsel: MR BOTT (In Person) (appellant) M DICKER (first respondent) Ms E SCOTT (second respondent) Solicitors: Self-represented (appellant) Yeldham Price O'Brien Lusk (first respondent) Lee & Lyons (second respondent) File Number(s): CA 2009/298512