When assessing a pro bono referral application under UCPR 7.36, the Court will take into account the prospects of success of the underlying proceedings, and should ordinarily be reluctant to grant referrals in respect of matters that appear to be without merit. Prior pro bono referrals within the preceding three years, even if made in a different court, are a relevant consideration under UCPR 7.36(2)(d). An applicant for a stay of costs orders must place material before the Court demonstrating that the respondents' interests in pursuing those orders would be protected.
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