Qasim v Bird & Ors (No 4) [2022] NSWSC 722

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Bird & Ors (No 4) [2022] NSWSC 722 Hearing dates: 29 April 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the proceedings against the third defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW). 2. Reserve the question of costs. 3. The third defendant is to file and serve all affidavits and submissions in relation to any application for a lump sum costs order by 10 June 2022. 4. The plaintiff is to file and serve all affidavits and submissions in reply to the third defendant's material by 17 June 2022. Catchwords: CIVIL PROCEDURE – summary disposal - dismissal of proceedings – plaintiff unrepresented – application for summary dismissal by one of fifteen defendants – proceedings commenced by summons in 2021 – defendant was a solicitor who had been retained by the plaintiff in 2013 - affidavit material suggesting claims in negligence and/or breach of retainer – where retainer terminated in 2013 - any claim of plaintiff statute-barred – where no loss caused by any breach of duty or retainer – no reasonable cause of action – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) s 61 Uniform Civil Procedure Rules 2005 (NSW) rr 6,29, 13.4, 14.28 Limitation Act 1969 (NSW) s 14 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 General Steel Industries Inc. v Commissioner for Railways (1962) 112 CLR 125 Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Qasim v Bird & Ors [2022] NSWSC 258 Qasim v Bird (No 2) [2022] NSWSC 411 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Qin v He [2017] NSWSC 978 Shaw v State of New South Wales [2012] NSWCA 102 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 at 533; [1992] HCA 55 Texts Cited: Nil Category: Procedural rulings Parties: Shaheen Qasim (Plaintiff) Stephen McNamee (Third Defendant) Representation: Counsel: In person (Plaintiff) A Avery-Williams (Third Defendant)