Thomas v Stockman & Evans Solicitors [2012] NSWCA 386

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas v Stockman & Evans Solicitors [2012] NSWCA 386 Hearing dates: 19 November 2012 Decision date: 19 November 2012 Before: Campbell JA Decision: (1) I refuse to grant a stay of the order for possession pending appeal; (2) I stay the operation of the order for possession until Monday 18 February 2013; (3) I refer the applicant to the Registrar for referral to a practitioner on the pro bono panel to enable the applicant to receive advice about whether to seek review of my decision; and (4) I extend the time for applying for review of my decision to Wednesday 12 December 2012. [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: APPEAL AND NEW TRIAL - practice and procedure - stay of proceedings - applicant seeking stay of possession and sale by trustees for sale of property part-owned beneficially by applicant - whether reasonable prospects of success - not satisfied of prospects - stay pending appeal refused

PRACTICE - power of court - self-represented litigant - referral to pro bono panel - applicant vision impaired, supported by pension, and residing in regional area - serious obstacles to appellant exercising legal rights in person - referral to pro bono panel under UCPR 7.36 appropriate to consider rights to seek review of decision - stay granted for sufficient time to seek that advice Legislation Cited: Uniform Civil Procedure Rules, 7.36 Category: Interlocutory applications Parties: Annette Carol Thomas (Applicant) Alan Stockman (First Respondent) Linden Ray Evans (Second Respondent) Representation: Counsel: In person (Applicant) A Stockman (Respondents) Solicitors: In person (Applicant) A Stockman (Respondents) File Number(s): 2012/324029 Decision under appeal Jurisdiction: 9111 Date of Decision: 2012-09-21 00:00:00 Before: Schmidt J File Number(s): 2012/324029