NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Poole by his tutor Poole v Sivris [2020] NSWDC 251 Hearing dates: 15 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's notice of motion filed on 25 April 2020 granted. (2) Pursuant to ss 14 and 16 Civil Procedure Act 2005 (NSW) and r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW), Max Poole be removed as tutor of Richard Poole in District Court proceedings 2019/236254. (3) Grant leave to the plaintiff to amend the statement of claim to remove the tutor, such amended pleading to be filed in 7 days. (4) Costs of this application to be costs in the cause. (5) Confirm the hearing date of 20 July 2020. Catchwords: PRACTICE AND PROCEDURE – plaintiff seeks removal of tutor – application supported by the plaintiff's tutor and solicitors – Rappard v Williams applied – order made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 14 and 16 Uniform Civil Procedure Rules 2005 (NSW), r 7.18 Cases Cited: Malin v Sydney Local Health District (t/a Royal Prince Alfred Hospital) [2019] NSWSC 1765 Rappard v Williams [2013] NSWSC 1279 Category: Procedural and other rulings Parties: Plaintiff: Richard Poole by his tutor Max Poole Defendant: Louis Sivris Representation: Counsel: Plaintiff: Mr M Nesbeth Defendant: Mr J Connell (solicitor)
Solicitors: Plaintiff: Stacks Goudkamp Defendant: Hall & Wilcox File Number(s): 2019/236254 Publication restriction: None
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