Margan v NSW Director of Public Prosecutions [2013] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Margan v NSW Director of Public Prosecutions [2013] NSWCA 196 Hearing dates: 24 June 2013 Decision date: 27 June 2013 Before: Meagher JA Decision: (1) Order that the applicant be referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for advice and representation in relation to his application for leave to appeal to this Court. (2) No order as to costs. [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 - application for order for referral to legal practitioner on Pro Bono Panel - applicant suffering cognitive difficulties affecting ability to present oral argument - whether referral in interests of administration of justice - application granted Legislation Cited: Uniform Civil Procedure Rules 2005, r 7.36 Anti-Discrimination Act 1977, s 49ZTA Cases Cited: Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Category: Procedural and other rulings Parties: Simon Margan (Applicant) NSW Director of Public Prosecutions (Respondent) Representation: Counsel: In person (Applicant) Ms R Giurastante (Respondent) Solicitors: In person (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2013/70427 Decision under appeal Jurisdiction: 9111 Citation: Simon Margan v NSW Director of Public Prosecutions and Attorney General of New South Wales [2013] NSWSC 44 Date of Decision: 2013-02-07 00:00:00 Before: Grove AJ File Number(s): 2012/00103496