The Estate of Alberto Magri [2022] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Alberto Magri [2022] NSWSC 873 Hearing dates: 29 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Equity Before: Henry J Decision: Defendants' application to proceed in the absence of the Plaintiff granted. Defendants' solicitors to notify the Plaintiff that the hearing would proceed the following day irrespective of the Plaintiff's attendance. Catchwords: CIVIL PROCEDURE – application to proceed in the absence of the Plaintiff – where Plaintiff self-represented – where Plaintiff appeared on the first day but was absent on second and third day – where Defendants had not provided court book to the Plaintiff until the first day – where adjournments granted to enable Plaintiff to prepare for hearing – where medical certificates sent to the Court via email – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bauskis v Liew [2013] NSWCA 297 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 NSW Trustee & Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 UTi (Aust) Pty Ltd v Sheehan & Anor [2017] NSWSC 344 Uy v Ng [2021] NSWSC 429 Category: Procedural rulings Parties: Erica Magri (Plaintiff; Self-Represented)

Sonia Allan (First Defendant) Anthony Magri (Second Defendant) Angela Maloney (Third Defendant) Teresa Gaffney (Fourth Defendant) Representation: Counsel: J Armfield (Defendants)