Ness v Stevenson [2020] NSWSC 631

Supreme Court New South Wales

Medium Neutral Citation: Ness v Stevenson [2020] NSWSC 631 Hearing dates: 22 May 2020 Date of orders: 22 May 2020 Decision date: 22 May 2020 Jurisdiction: Common Law - Administrative Law Before: Beech-Jones J Decision: (1) The notice of motion filed 15 May 2020 be dismissed.

(2) Leave to file the proposed statement of claim be refused.

(3) The plaintiff pay the first, second and third defendants' costs of the notice of motion. Catchwords: Amendment application – adjournment application – no question of principle Legislation Cited: Civil Procedure Act 2005 Crimes (Appeal and Review) Act 2001 District Court Act 1973 Inclosed Lands Protection Act 1901 Supreme Court Act 1970 Category: Procedural and other rulings Parties: Kristel Ness (Plaintiff) Andrew Stevenson (First Defendant) Catherine Brennan (Second Defendant) New South Wales Department of Education (Third Defendant) Local Court of New South Wales (Fourth Defendant) Representation: Counsel: In person (Plaintiff) A Williams (First, Second, & Third Defendants)

Solicitors: In person (Plaintiff) McCabe Curwood (First, Second & Third Defendants) File Number(s): 2020/30463

EX TEMPORE Judgment 1. Before the Court is a notice of motion filed 15 May 2020 seeking three orders; firstly, that the hearing date for these proceedings scheduled for 18 June 2020 be vacated; secondly, the plaintiff be given leave to file and serve a second amended summons; and thirdly, consequential orders for the variation of the time for service of evidence and submissions. The motion was returnable this morning before the Registrar and was referred to me as Duty Judge. 2. Before turning to the substance of the motion, it is necessary to outline, as best as I can, the background to the proceedings and the essence of the claims put forward in the "summons for judicial review" filed on 30 January 2020. 3. Between the time of the referral of the matter to me as Duty Judge and the time of the hearing of the notice of motion, the Court was supplied with approximately 2 kilograms of material which set out various assertions. There also exists on the file an affidavit sworn by the plaintiff which appears to be at least 150 pages in text.