[2018] NSWSC 1792

Haragli v Tan

Order that Ms Haragli be referred to the Registrar for referral to a solicitor or barrister on the Pro Bono Panel for legal assistance including advice in relation to her prospects of success in the proceedings and, subject to the terms of any such advice, representation generally in the conduct of the proceedings.

Catchwords

CIVIL PROCEDURE – referral to a barrister or solicitor on the Pro Bono Panel for legal assistance

Legislation cited

Uniform Civil Procedure Rules 2005 (NSW), § 7.36

Judgment

[1]
HIS HONOUR: Ophelia Haragli was a patient of Dr Clifford Tan between 2008 and 2011. She consulted him concerning the condition of her left breast. Ms Haragli commenced these proceedings by statement of claim filed on 23 June 2017. She alleges that Dr Tan failed to examine her appropriately or to diagnose in a timely manner that she was suffering from cancer or that her presenting condition justified or warranted referral for further investigation. In the events that occurred, Ms Haragli was later diagnosed with cancer and appropriately treated, including undergoing a bilateral mastectomy, chemotherapy and radiotherapy.
[2]
When the proceedings were commenced, Ms Haragli was represented by a firm of solicitors. She is no longer legally represented. This has led the solicitors for Dr Tan to seek orders for the dismissal of the proceedings for want of due despatch.
[3]
A report dated 1 April 2017 from Dr Dianne Chambers was filed and served with the pleadings. Dr Chambers has offered an opinion that is supportive of Ms Haragli on the question of whether or not Dr Tan followed standard guidelines for the investigation of a breast lump. Dr Chambers is of the opinion that the delay in diagnosis and referral has had a detrimental effect upon her prospects of survival.
[4]
Despite that opinion, Ms Haragli has neither been able to secure alternative legal representation on a contingency basis nor afford to retain a lawyer to represent her unconditionally. There may be particular reasons for the former, which have not been explored before me.
[5]
In these circumstances, Ms Haragli seeks a referral for pro bono legal assistance. That course is not opposed by Dr Tan.
[6]
UCPR 7.36 provides as follows:
[7]
I am satisfied, having regard to the circumstances described above, including both the fact that Ms Haragli cannot afford to pay a lawyer to assist her, as well as the matters referred to in the report of Dr Chambers, that it is in the interests of justice to make an order referring Ms Haragli for pro bono legal assistance in accordance with this rule.
[8]
I therefore make the following orders:
1. (1)
  Order that Ms Haragli be referred to the Registrar for referral to a solicitor or barrister on the Pro Bono Panel for legal assistance including advice in relation to her prospects of success in the proceedings and, subject to the terms of any such advice, representation generally in the conduct of the proceedings.