Derrick v St George Bank [2015] NSWSC 880

Supreme Court New South Wales

Medium Neutral Citation: Derrick v St George Bank [2015] NSWSC 880 Hearing dates: 29 June 2015 Decision date: 29 June 2015 Jurisdiction: Common Law Before: Adamson J Decision: The plaintiff's application for referral to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance is refused Catchwords: PRACTICE AND PROCEDURE – application for referral for Court appointed legal assistance – interests of the administration of justice include potential burden on members of Pro Bono panel – application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 7.35, r 7.36 Category: Principal judgment Parties: Oliver KJ Derrick (Plaintiff) St George Bank (Defendant) Representation: Counsel: Applicant in person D Zabow (Solicitor) (Defendant)

Solicitors: HWL Ebsworth Lawyers (Defendant) File Number(s): 2015/163487

Judgment

Introduction 1. Mr Derrick applies, by notice of motion filed in court today, for a referral for legal assistance under Div 9, Pt 7 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). He relies on an affidavit sworn today, 29 June 2015, in which he deposes that he seeks advice, representation and assistance with the preparation of legal documents to present his case. He deposes that the referral will allow him to obtain legal advice or to be represented by a lawyer at his hearing, or both. His principal claim for relief is the restitution of money which he alleges he deposited in an account in his name at St George Bank from about 1995. 2. The proceedings were commenced by summons filed on 2 June 2015. An affidavit sworn on 2 June 2015 was filed on the same date. The summons seeks the following relief: 1 Account information the bank holds outside the jurisdiction limit of 7 years as a matter of practice. 2 The Plaintiff seeks Account information from the defendant to refund a quantum amount of money approximately AU$40,000,000.00 or more.