An applicant for a Dietrich stay who is bankrupt is not automatically taken to be indigent; the court must be satisfied on the evidence that the applicant has been open, transparent and forthcoming about their financial circumstances. Lack of candour with Legal Aid and the trustee in bankruptcy may be relied upon to find the onus of proving indigence has not been discharged. Establishing House v The King error in a discretionary judgment is particularly difficult when the basis of the decision was that the trial judge was not satisfied of a matter about which the applicant bore the onus of proof.
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