Maxwell-Smith v Hall & Anor [2012] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maxwell-Smith v Hall & Anor [2012] NSWCA 205 Hearing dates: 25 June 2012 Decision date: 25 June 2012 Before: Campbell JA Decision: Notice of Motion dismissed. [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: PRACTICE AND PROCEDURE - application for pro bono assistance under UCPR 7.36 - where litigant had received assistance under a previous referral twice within preceding three years - determining whether interests of justice are in the applicant's favour requires assessment of whether the appeal has reasonable prospects of success - prospects of success found to be insufficient - application refused

PRACTICE AND PROCEDURE - power to waive, postpone and remit fees under Civil Procedure Regulation 2005 reg 11 - power to be exercised by Registrar on separate application Legislation Cited: Civil Procedure Regulation 2005 Cases Cited: Kelly v Mosman Municipal Council (2010) NSWCA 370 Category: Interlocutory applications Parties: Inge Maxwell-Smith (First Applicant) Eugene Maxwell-Smith (Second Applicant) Steve Hall (First Respondent) S & E Hall Pty Ltd (Second Respondent) Hugo Patrick White (Third Respondent) Representation: Counsel: In person (First Applicant) J Riordan (First and Second Respondent) B Alder (Third Respondent) Solicitors: In person (First Applicant) Ellison Tillyard Callanan (First and Second Respondent) Middletons (Third Respondent) File Number(s): 2012/154529 Decision under appeal Date of Decision: 2012-04-20 00:00:00 Before: Colefax DCJ File Number(s): 2010/292575