Qasim v Mitchell & Ors. [2022] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Mitchell & Ors. [2022] NSWSC 1543 Hearing dates: 7 October 2022 Date of orders: 7 October 2022 Decision date: 07 October 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that all references in the orders made on 30 May 2022 and 13 September 2022 to plaintiffs are to be read "first plaintiff", with the consequence that all orders for costs made by the Court on 30 May 2022 and 13 September 2022 are to be borne by the first plaintiff Shaheen Qasim. (2) Upon entry of order 1, order pursuant to Uniform Civil Procedure Rules 2005 rule 6.29 and/or the inherent jurisdiction of the Court, the second plaintiff be removed from the proceedings bearing number 2021/279779. (3) Order that the first plaintiff Shaheen Qasim pay the costs of Fred Klein of and incidental to the proceedings 2021/279779. (4) Those costs are to be payable on and from 15 June 2022 on an indemnity basis. (5) Order that the summons filed 30 September 2021 be listed for directions before the Registrar on 17 October 2022. (6) Direct that the first plaintiff file an affidavit of service evidencing service of the summons filed 30 September 2021 on the sixth defendant by 4pm 14 October 2022. Catchwords: CIVIL PROCEDURE – Jurisdiction – Where claim commenced in name of person without consent or notice – Person entitled to have orders made against them set aside – Power of Court to set aside – Removal of parties Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hoskins v Van Den-Braak (1998) 43 NSWLR 290 Qasim v Mitchell [2022] NSWSC 698 Qasim v Mitchell [2022] NSWSC 1231 Category: Principal judgment Parties: Shaheen Qasim (First plaintiff) Fred Klein (Second plaintiff) Rachel Deegan (Second defendant/Third respondent) Yennie Chen (Fourth defendant) Representation: Counsel: Self-represented (First plaintiff) D Eardley (Second plaintiff) B Shaw (Second defendant/Third respondent) S Dow (Fourth defendant)