Vintage Marine Art Pty Ltd v Henderson [2021] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: Vintage Marine Art Pty Ltd v Henderson [2021] NSWSC 48 Hearing dates: 22 June 2020 Decision date: 15 February 2021 Jurisdiction: Common Law Before: Ierace J Decision: In relation to the defendants' notice of motion filed on 28 May 2020, I make the following orders: (1) Pursuant to r 7.1 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff is to retain a solicitor holding an unrestricted practising certificate to appear for it in these proceedings. (2) The proceedings are stayed pending compliance with order (1). (3) If a solicitor holding an unrestricted practising certificate has not filed a notice of appearance for the plaintiff by Monday 15 March 2021, then as of that date: a) the proceedings are dismissed; b) the plaintiff is to pay the defendants' costs of the proceedings; and c) the sum of $10,000 paid into court by way of security for costs, and any interest thereon, is to be released to the solicitor for the defendants forthwith. (4) The plaintiff to pay the defendants' costs on the defendants' notice of motion. In relation to the plaintiff's notice of motion filed on 10 June 2020, I make the following order: (5) The plaintiff's notice of motion filed on 10 June 2020 is dismissed, with costs. Catchwords: CIVIL PROCEDURE – proceedings carried on by corporation – necessity for solicitor to act – subpoena – application to set side Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 7 Category: Principal judgment Parties: Vintage Marine Art Pty Ltd (Plaintiff) Robert Henderson (First Defendant) Douglas Cremer (Second Defendant) Representation: Counsel: G Edwards (as Director of the Plaintiff) (self-represented) M Pesman SC; C Alexander (Defendants)