Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257 Hearing dates: 6 August 2012 Decision date: 06 August 2012 Before: Basten JA Decision: (1) Dismiss the application for referral to the Pro Bono Panel. (2) No order as to the costs of the application [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 - civil - parties - representation - application for referral to legal practitioner on Pro Bono Panel - public authority refused to issue certificate of roadworthiness - plaintiff alleges breach of duty of care - whether substantive matter has reasonable prospects of success - whether in the interests of justice to refer applicant to Pro Bono Panel - discussion of Nuha Ibrahim Dafaalla v Concord Repatriation General Hospital [2007] NSWSC 602 - Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Uniform Civil Procedure Rules 2005 (NSW), r 7.36; Pt 7, Div 9 Cases Cited: Nuha Ibrahim Dafaalla v Concord Repatriation General Hospital [2007) NSWSC 602 Phu v New South Wales Department of Education and Training [2011] NSWCA 119 Category: Procedural and other rulings Parties: Ms P A Hetherington-Gregory (Applicant) All Vehicle Services (First Respondent) Roads and Maritime Services (Second Respondent) Motor Traders Association (Third Respondent) Representation: Counsel: