Renshaw v New South Wales Lotteries Corporation Pty Ltd (No 2)

[2019] NSWSC 240

Supreme Court

New South Wales

Medium Neutral Citation:	Renshaw v New South Wales Lotteries Corporation Pty Ltd (No 2) [2019] NSWSC 240
Hearing dates:	7 March 2019
Date of orders:	07 March 2019
Decision date:	07 March 2019
Jurisdiction:	Common Law
Before:	Schmidt J
Decision:	Mr Renshaw be referred to the Registrar for referral to a barrister or solicitor on the Court's Pro Bono Panel for legal assistance for the two limited purposes as outlined.
Catchwords:	PRACTICE AND PROCEDURE – Application for referral to Pro Bono Panel for legal assistance – Application granted for referral on limited basis
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Renshaw v New South Wales Lotteries Corporation Pty Ltd [2018] NSWSC 1954
Category:	Procedural and other rulings
Parties:	David Owen Renshaw (Plaintiff) New South Wales Lotteries Corporation Pty Ltd (First Defendant) The State of New South Wales (Second Defendant)
Representation:	Solicitors: D Renshaw, unrepresented (Plaintiff) Russells Lawyers (Defendants)
File Number(s):	2016/328586
Publication restriction:	Nil

EX TEMPORE Judgment

1. HER HONOUR: This is an application for referral of Mr Renshaw for pro bono legal assistance under the Court's scheme under Pt 7 Div 9 of the Uniform Civil Procedure Rules 2005 (NSW).

2. The application comes forward by way of notice of motion supported by an affidavit sworn by Mr Renshaw on 11 February 2019, in which he deposes to aspects of the history of the proceedings, which include he having received legal assistance to this point both from a barrister and a solicitor and the circumstances in which counsel ceased to act, following advice that counsel considered Mr Renshaw's case to have no merit.

3. On 14 December 2018 Justice Walton gave an extensive judgment on Mr Renshaw’s pleadings, the effect of which, as I have understood the judgment, is that large parts of Mr Renshaw's claims have been struck out and what remains is a claim as to misleading and deceptive conduct: Renshaw v New South Wales Lotteries Corporation Pty Ltd [2018] NSWSC 1954; Mr Renshaw needs to now replead. Some directions have been given in that regard by the Registrar; and he says that in the circumstances he feels at a disadvantage, given the stage of the proceedings, what lies in issue, and his medical background and ongoing health issues, which have had an impact both on his means and his ability to conduct the proceedings.

4. The Rules envisage that the Court will make a referral, if satisfied that it is in the interests of the administration of justice that the litigant be referred to a barrister or solicitor on the Court's Pro Bono Panel for legal assistance.

5. Rule 7.36(2) specifies the matters which must be taken into account, which include the applicant's means, the capacity to obtain legal assistance outside the scheme and the nature and complexity of the proceedings. The authorities discuss mere satisfaction that a litigant cannot otherwise obtain legal assistance not being a sufficient reason to refer a litigant under the Rules. They also discuss what the interests of justice criterion requires. It has been observed that consistent with the spirit of these provisions, it may be that in a case such as this, a limited referral might be useful for the provision of advice in relation to the repleading and whether what remains of Mr Renshaw's claim has realistic prospects of success. That, it seems to me, would be of utility in this case, it being in the interests of justice that futile claims not be pursued.

6. In the circumstances, I do not accede to the application for a general referral, but do refer Mr Renshaw for pro bono legal assistance for the two limited purposes which I have earlier indicated.

7. I order accordingly.

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