Grant Mears v Sydney Anglican Schools Corporation [2016] NSWCA 39

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grant Mears v Sydney Anglican Schools Corporation [2016] NSWCA 39 Hearing dates: 07 March 2016 Date of orders: 07 March 2016 Decision date: 07 March 2016 Before: McColl JA Decision: (1) Leave granted to Mr Mears to represent Mrs Gloria Mears for the application for pro bono assistance pursuant to Division 9 Part 7 of the UCPR.

(2) Leave granted to Mr Mears to appear on behalf of Mrs Gloria Mears on the stay application sought in the notice of motion dated 26 February 2016.

(3) Refuse the application for a referral to a barrister or a solicitor on the Court's pro bono panel, sought in order 2 of the 26 February 2016 notice of motion.

(4) Refuse the application for a stay of the orders of the District Court made in the decisions to which I have earlier referred.

(5) Applicants to pay the respondents' costs of the application. Catchwords: PROCEDURE – application for leave to appeal – referral to a barrister for pro bono assistance – Uniform Civil Procedure Rules 2005 (NSW) 7.36(1) –whether leave application has prospects of success – whether in interests of justice to grant referral application – prior pro bono referrals – Uniform Civil Procedure Rules 2005 (NSW) s 7.36(2A), Civil Procedure Act 2005 (NSW)

PROCEDURE – application for stay of costs order – whether basis for stay established Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Damjanovic v Maley [2002] NSWCA 230; (2002) 55 NSWLR 149 Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257 House v The King [1936] HCA 40; (1936) 55 CLR 499 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Mears v Sydney Anglican Schools Corporation [2013] NSWSC 535 Mears v Sydney Anglican Schools (No 2) [2013] NSWSC 876 Re The Will of Gilbert (dec'd) (1946) 46 SR (NSW) 318 Category: Procedural and other rulings Parties: Grant Mears and Gloria Mears (Applicants) Sydney Anglican Schools (First Respondent) State of New South Wales (Second Respondent) Helen Firbank (Third Respondent) Representation: Counsel: Mr Mears (Applicants, Self represented) Mr Salama (First Respondent) Mr Sarginson (Second Respondent) Ms Gleeson (Third Respondent)