NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Morgan v Trindall [2020] NSWDC 935 Hearing dates: 9 September 2020 Date of orders: 9 September 2020 Decision date: 09 September 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The Court appoints the NSW Trustee as tutor for the plaintiff in the proceedings pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 on the condition proposed in order 3 hereof. (2) Pursuant to s 14 of the Civil Procedure Act 2005, dispense with the requirement for the tutor's consent required in UCPR 7.16(a) and 7.18(5)(b). (3) Order that no costs order may be enforced against the NSW Trustee without leave of the Court, with the intent that leave, if granted, not apply to costs incurred before the grant of leave. (4) List for directions. Catchwords: CIVIL PROCEDURE — Parties — Persons under legal incapacity — Tutors MENTAL HEALTH — Practice and procedure — Costs — NSW Trustee Legislation Cited: Civil Procedure Act 2005, s 14 Uniform Civil Procedure Rules 2005, 7.16, r 7.18 Cases Cited: A v A [2015] NSWSC 1778 Smith v NRMA Insurance Ltd [2016] NSWCA 250 Category: Procedural rulings Parties: Thomas Morgan (plaintiff) Jason Trindall (first defendant) Juliet Louise Howell (second defendant) Representation: Counsel:
Solicitors: Moray & Agnew (defendants) File Number(s): 2015/00263585 Publication restriction: None
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