De Varda v Austin [2019] NSWCA 133

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: De Varda v Austin [2019] NSWCA 133 Hearing dates: 27 May 2019 Date of orders: 27 May 2019 Decision date: 27 May 2019 Before: White JA Decision: (1) Order that the applicants be referred to the registrar for referral to a barrister on the pro bono panel for legal assistance, such legal assistance to be by way of: (a) provision of advice in relation to the applicants' notice of appeal, the respondents' notice of contention and in respect of any application for leave to appeal from order 1 made by Pembroke J on 8 June 2018 if the applicants succeed on their notice of appeal; (b) preparation of written submissions for the appeal and the doing of such other things as may be required to comply with the directions concerning the second to fourth respondent's preparation of the Orange Book; and (c) appearing for the appellants on the hearing of the appeal. Catchwords: CIVIL PROCEDURE – Application under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW) for referral to Pro Bono Panel for legal assistance for appeal – Application previously dismissed – Where leave to appeal against part of first instance decision subsequently granted – Whether grant of leave materially alters circumstances such as to warrant making of referral Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Vexatious Proceedings Act 2008 (NSW), ss 8, 13

Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 De Varda v Austin [2018] NSWCA 263 De Varda v Austin [2019] NSWCA 42 Category: Procedural and other rulings Parties: Joseph de Varda (Applicant) Samuel Tov-Lev (Second Applicant) David Austin (First Respondent) Eddy Neumann (Second Respondent) Murray Selig (Third Respondent) John Lowbeer (Fourth Respondent) Representation: Counsel: Self-represented (First Applicant) Self-represented (Second Applicant) M Cobb-Clark (Respondents)