NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Bain v Bain [2022] NSWDC 415 Hearing dates: 26 August & 16 September 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Tutor's notice of motion filed on 5 August 2022 seeking removal of tutor pursuant to UCPR r 7.18 is dismissed; 2. Each party is to pay their own costs of the dismissed motion; 3. Exhibits are to remain with the Court file; 4. Liberty to apply on 7 days' notice for further or other orders if required. Catchwords: PROCEDURE – dismissal of application for removal of tutor in personal injury damages proceedings – review of evidence of plaintiff's legal capacity Legislation Cited: Civil Procedure Act 2005 (NSW), s 3, s 58(2) Motor Accidents Compensation Act 1999 (NSW), s 61 Uniform Civil Procedure Rules 2005 (NSW), r 7.13, r 7.18, Sch 7, cl 5(1)(c) Cases Cited: IA v TA [2016] NSWCA 179 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Pham v Shui [2006] NSWCA 373 Stokes v McCourt [2014] NSWSC 61 Category: Procedural rulings Parties: Laurence Bain bht Nuning Bain (Plaintiff) Edmund Bain (Defendant) Representation: Counsel: Mr B Jones (Plaintiff) Mr J Bruce, solicitor (Defendant)
Solicitors: Stacks Goudkamp (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2016/377031 Publication restriction: None
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