Mehcur v Mehcur [2021] NSWSC 1252

Supreme Court New South Wales

Medium Neutral Citation: Mehcur v Mehcur [2021] NSWSC 1252 Hearing dates: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Refuse the relief sought in prayer 4 of the notice of motion filed 10 May 2021. 2. Refer the parties to court-annexed mediation on 1 October 2021. 3. Direct the parties to liaise with the Registry in relation to the court-annexed mediation. 4. Give leave for the filing of the amended statement of claim in the form annexed to the affidavit sworn 7 September 2021 of Zeinab Tawbe. 5. Reserve costs. 6. List the matter for directions in the Applications List at 8.30am on 5 October 2021. 7. Direct that, while Mr Sayit remains on the record as the tutor for the first defendant in the proceedings that he be permitted online access to the online court in this matter. Catchwords: COSTS — Where proceedings defended by way of tutor — Whether protective costs order should be made CIVIL PROCEDURE — Alternative dispute resolution — Referral to court-annexed mediation CIVIL PROCEDURE — Pleadings — Amendment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26, 56 NSW Trustee and Guardian Act 2009 (NSW), s 62 Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 7.18(1)(b) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey (No 2) [2016] NSWSC 1718 Ashton v Pratt (No 2) [2015] NSWCA 134 Guha v Guha [2020] NSWSC 1337 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 427 New Idafe Incorporated v Barnard [2007] NSWSC 1107 Smith v NRMA Insurance Ltd (2016) 77 MVR 480; [2016] NSWCA 250 Yakmor v Hamdoush (No 2) (2009) 76 NSWLR 148; [2009] NSWCA 284 Category: Procedural rulings Parties: Mahmut Marley Mehcur (Plaintiff) Hayriye Mehcur by her tutor Kuranda Seyfi Seyit (First Defendant) NSW Trustee and Guardian (Second Defendant) Representation: Counsel: S Balafoutis SC (Plaintiff)