Norman v Wall (No. 5) [2020] NSWSC 1062

Supreme Court New South Wales

Medium Neutral Citation: Norman v Wall (No. 5) [2020] NSWSC 1062 Hearing dates: 27 July 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiffs have leave to file a further amended statement of claim limited to a case in professional negligence, breach of fiduciary duty and breach of trust against Wrothwell Wall, that FASOC to be filed and served by 5:00pm on 28 August 2020. (2) If no FASOC is filed and served by the time specified in order 1, the proceedings are dismissed with the plaintiffs to pay the defendant's costs of the proceedings. (3) If not dismissed, the matter is listed before Lonergan J on Thursday 1 September 2020 at 9:30am with a view to setting a timetable for the further conduct of the proceedings and/or for the hearing of any application by the defendant. (4) I reserve the question of costs should the FASOC be filed in time. Catchwords: CIVIL PROCEDURE — commencement of proceedings — statement of claim — form and content — application of r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) — no formal application made by the plaintiffs — just, quick and cheap resolution of the real issues in dispute — various iterations of a statement of claim provided to the Court — material pleaded in statement of claim which is not relevant — dictates of justice — leave granted to file and serve a further amended statement of claim CIVIL PROCEDURE — parties — representation — by unqualified persons — plaintiffs previously referred to the Pro Bono Scheme — assistance not provided Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dickens v State of New South Wales [2018] NSWCA 222 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Norman v Wall [2020] NSWSC 129 Norman v Wall (No. 2) [2020] NSWSC 997 Normal v Wall (No. 3) [2020] NSWSC 998 Category: Procedural and other rulings Parties: Gillian Linda Norman (First Plaintiff) Ron Berry (Second Plaintiff) Wrothwell Wall (Defendant) Representation: Counsel: J Raftery (Defendant) Solicitors: G Norman (Self-Represented) R Berry (Self-Represented) Gilchrist Connell Lawyers (Defendant) File Number(s): 2019/196798 Publication restriction: Nil