Hussain v Shahidulalam [2017] NSWSC 1564

Supreme Court New South Wales

Medium Neutral Citation: Hussain v Shahidulalam [2017] NSWSC 1564 Hearing dates: 7 November 2017 Decision date: 07 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Application for referral to the pro bono panel is refused. Applications for dismissal for want of due despatch and for security for costs are not determined. Catchwords: CIVIL PROCEDURE – application for referral to pro bono legal panel – plaintiff's ill health – long history of matter – plaintiff's non-compliance with directions – referral would delay hearing – referral not in the interests of the administration of justice – application refused Legislation Cited: Local Court Act 2007 (NSW) s 39 Uniform Civil Procedure Rules 2005 r 7.36 Cases Cited: MM International (Australia) Pty Ltd v Workers Compensation Nominal Insurer [2015] NSWSC 1846 Category: Principal judgment Parties: Mohammad Munir Hussain (Plaintiff) Md Shahidulalam (Defendant) Representation: Solicitors: Plaintiff in person Mr Khan (Defendant) File Number(s): 2017/47400

Judgment 1. HIS HONOUR: There are three applications before the Court today, one by the plaintiff and two by the defendant. 2. The plaintiff makes an application pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 for referral to a barrister or solicitor on the pro bono panel for legal assistance. The defendant makes an application for dismissal of the proceedings for want of due despatch pursuant to r 12.7 UCPR and, alternatively, for security for costs. The latter is purportedly made under r 51.50 although that is inapt.