Maxwell-Smith v S & E Hall Pty Ltd [2013] NSWCA 397

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maxwell-Smith v S & E Hall Pty Ltd [2013] NSWCA 397 Hearing dates: 25 November 2013 Decision date: 28 November 2013 Before: Sackville AJA Decision: 1. The applicants' notice of motion is dismissed. 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 referral to legal practitioner on Pro Bono Panel - assistance provided pursuant to previous referral - whether special reasons demonstrated pursuant to UCPR, r 7.36(2A) - application refused Legislation Cited: Uniform Civil Procedure Rules 2005, r 7.36 Cases Cited: Dafaalla v Concord Repatriation General Hospital [2007] NSWSC 602 Maxwell-Smith v Hall [2012] NSWCA 205 Maxwell-Smith v S & E Hall Pty Ltd [2006] FCA 825; 233 ALR 81 Category: Interlocutory applications Parties: Inge Maxwell-Smith (First Applicant) Eugene Maxwell-Smith (Second Applicant) S & E Hall Pty Ltd (First Respondent) Hugo Patrick White (Second Respondent) Representation: Solicitors: First Applicant in person (Applicants) D Shankar (Rankin Ellison Lawyers) (First Respondent) TC Blyth (K & L Gates) (Second Respondent) File Number(s): 2013/155581 Decision under appeal Jurisdiction: 9101 Citation: Maxwell-Smith v S & E Hall Pty Ltd (District Court of New South Wales, 9 May 2013, unreported) Date of Decision: 2013-05-09 00:00:00 Before: Kearns DCJ File Number(s): 2010/292575