Catalyst Provisional Lending Pty Ltd v Tsiamoulis [2020] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Catalyst Provisional Lending Pty Ltd v Tsiamoulis [2020] NSWSC 246 Hearing dates: 2 & 17 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Common Law Before: Davies J Decision: Defendant's Notice of Motion dated 17 February 2020 applying for pro bono assistance is granted in the following terms:

1. Pursuant to Part 7, Rule 36 Uniform Civil Procedure Rules 2005 (NSW) the Defendant is referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance limited to:

a. advice as to whether the Defendant has an arguable defence to case brought by the Plaintiff;

b. advice as to whether the Defendant has a reasonably arguable cross-claim against brokers and/or solicitors who acted for her on the present loan; and

c. drafting of any defence and/or cross-claim the Defendant is found to have. Catchwords: LEGAL AID – pro bono assistance – claim for possession of land – where defendant was guarantor and mortgagor for loans to companies of her son – where defendant was an old-aged pensioner - where defendant's reading and writing skills in English lacking - son now bankrupt – where defendant authorised son to act on her behalf in the proceedings – undesirability of son conducting proceedings for defendant – limited referral for advice and drafting of pleadings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 7.36 Cases Cited: FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340. Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34; Neale v Commonwealth Bank of Australia Ltd [2015] NSWCA 136 Texts Cited: Nil Category: Procedural and other rulings Parties: Catalyst Provisional Lending Pty Ltd (Plaintiff) Zacharenya Tsiamoulis (Defendant) Representation: Counsel: No appearance - excused (Plaintiff) Stanley Tsiamoulis (Defendant)