Reza Shamsfar v Cantonese Trade Fair Limited [2015] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: Reza Shamsfar v Cantonese Trade Fair Limited [2015] NSWSC 1076 Hearing dates: 28 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Common Law Before: Hamill J Decision: I make an order under s 7.36(1) of the UCPR that he be referred to the Registrar for referral to a barrister or solicitor in the Pro Bono Panel for legal assistance. Catchwords: CIVIL LAW – application for referral to pro bono panel Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Reza Shamsfar (Plaintiff) Cantonese Trade Fair Limited (Defendant) Representation: Counsel: Plaintiff – Self Represented Defendant – Not Present File Number(s): 2015/145509

ex tempore Judgment 1. Mr Reza Shamsfar is a litigant in what were Local Court proceedings which he lost and which he seeks to have either reviewed or, if possible, to exercise a right of appeal. The proceedings arose out of an auction of real estate situated in the Carlingford area when he was, on his account given today, encouraged to bid by those running the auction up to around $621,000. He had only preapproved finance of $600,000 and when they asked him to sign the contract after the auction he refused to sign it. Three or four days later they sent the contract to him and he obtained some legal advice from solicitors saying that the contract sent to him was voidable because it failed to annex relevant documents and, in particular, those under the Conveyancing Act. 2. What then happened was that those conducting the sale of the Carlingford unit put the unit on the market again. This time they achieved a sale price of $610,000. So they were, at least from their perspective, $11,000 down, and they also said there were associated costs in relation to having to market and run the auction again. 3. In consequence they sued Mr Shamsfar for $23,000 in the Local Court. He was unable to afford the lawyer who had originally advised him and, as he puts it, that lawyer "dropped him" a few days before the Local Court hearing. The matter then proceeded in the Local Court and it is not completely clear to me whether or not he was present but not in a position adequately to defend the proceedings, or whether in fact he was not present because of a misunderstanding as to the date which arose as a consequence of the falling out between him and his previous legal representatives. 4. He now seeks an order under Part 7 Division 9 of the Uniform Civil Procedure Rules for referral to a solicitor or barrister on the Pro Bono Panel for legal assistance. I have considered what he said to me today in the context of the matters under rule 7.36 that should or may be taken into account in making a decision about a referral. He has produced in his notice of motion correspondence from the Legal Aid Commission which shows that he attempted to obtain legal aid but has been told that under the guidelines it is not available to represent him in such a matter. He has sworn an affidavit indicating that he cannot afford a lawyer and legal aid has been refused. He also indicates "That I called Pro Bono Law Access and they rejected me". 5. I am satisfied that he does not have the means to obtain private legal representation to advise him as to whether he has a legitimate basis to appeal the magistrate's decision or to have it reviewed. I am satisfied that he has made attempts to obtain other forms of legal representation without success. I am satisfied that the proceedings are in fact quite complex, in spite of the relatively small amount of money involved, but I do note that it is not a small amount of money from Mr Shamsfar's perspective. 6. I note that there was an appearance before the Registrar today from the other side. I take it that the defendant in these proceedings did not appear once the matter was referred to the duty judge and I can assume there is no opposition to the order. I think it is in the interests of justice having taken the relevant matters into account and I make an order under s 7.36 (1) of the UCPR that he be referred to the Registrar for referral to a barrister or solicitor in the Pro Bono Panel for legal assistance.