Wellington v Shaddick trading as Shaddick Baker & Paull [2021] NSWDC 51

District Court New South Wales

Medium Neutral Citation: Wellington v Shaddick trading as Shaddick Baker & Paull [2021] NSWDC 51 Hearing dates: 3 February 2021 Date of orders: 4 March 2021 Decision date: 04 March 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Adjourn the proceedings for 12 months to Thursday, 3 March 2022 at 9.30am for mention before the Judicial Registrar, on the basis that under r 7.14 of the Uniform Civil Procedure Rules 2005 the proceedings cannot presently be carried on by the plaintiff without a tutor. (2) Parties directed to inform the Judicial Registrar within seven days of the result of any application heard and determined by the Supreme Court in respect of this matter. (3) Grant liberty to apply to each party, including to establish that Mr Wellington has: (a) obtained the consent of an able tutor; (b) retained legal representation; or (c) acquired legal capacity to manage the litigation. Catchwords: CIVIL PROCEDURE — parties — determination whether a person is under a legal incapacity Legislation Cited: Civil Procedure Act 2005, s 56 NSW Trustee and Guardian Act 2009, s 41 Uniform Civil Procedure Rules 2005, Pt 7, Div 4, r 7.13, r 7.14, r, 7.15, r 7.16, r 7.17, r 7.18, r 7.36 Cases Cited: A v A [2015] NSWSC 1778 Hazairin Iskandar v Zulfikri Mahbur & Ors [2011] NSWSC 1056 Mao v AMP Superannuation Ltd [2015] NSWCA 252 Murphy v Doman (2003) 58 NSWLR 51; [2003] NSWCA 249 Slaveski v State of Victoria (2009) 25 VR 160; [2009] VSC 423; [2009] VSC 596 Wellington v Lawler [2019] NSWSC 284 Category: Procedural rulings Parties: Nathan Wellington (plaintiff) Donald Shaddick trading as Shaddick Baker & Paull (first defendant) Roderick Storie trading as Roderick Storie Solicitors (second defendant) Pervaiz Buttar trading as Buttar Caldwell & Co (third defendant) Representation: Counsel: Mr D Priestley SC (first defendant) Mr A Barnett (second defendant) Mr I Griscti (third defendant)