Potier v Attorney General in and for NSW

[2014] NSWCA 256

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Pro bono referral
3. › Special reasons for further referral
4. › Novel questions of statutory construction of general application
5. › Whether general importance of legal questions and assistance to the Court constitute special reasons
6. › Uniform Civil Procedure Rules 2005 (NSW), r 7.36(2A)
1. Practice and Procedure
2. › Vexatious litigants
3. › Leave to appeal from vexatious proceedings order
4. › Whether leave required under Vexatious Proceedings Act 2008 (NSW)
5. › Whether leave required under Supreme Court Act 1970 (NSW), s 101(2)
6. › Interrelationship between Vexatious Proceedings Act 2008 (NSW) and Felons (Civil Proceedings) Act 1981 (NSW)

Quick Take

The general importance of novel questions of statutory construction of general application, the likelihood that the Court would be materially assisted by submissions, and the practical circumstances of the applicant's custody can constitute 'special reasons' under UCPR r 7.36(2A) justifying a further pro bono referral despite previous assistance. The interrelationship between the Vexatious Proceedings Act 2008 (NSW) and the Felons (Civil Proceedings) Act 1981 (NSW) remains unresolved.