White! v Sheppard [2022] NSWSC 1755

Supreme Court New South Wales

Medium Neutral Citation: White! v Sheppard [2022] NSWSC 1755 Hearing dates: 14 December 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Equity Before: Hallen J Decision: The Court: 1 Orders that the Summons filed on 14 February 2022 be dismissed. 2 Orders that the Defendant's costs, calculated on the indemnity basis, be paid out of the estate of the deceased. Catchwords: PRACTICE & PROCEDURE – Dismissal of proceedings sought in email correspondence addressed to the Court by the Plaintiff, a litigant in person – Court did not act on email correspondence previously sent as it did not appear that the Plaintiff understood potential risk as to costs following dismissal or discontinuance unless otherwise order were made – At directions hearing offer made by Defendant executor of estate, which offer was rejected by Plaintiff who required various things to be done by the Defendant in the administration of the estate – Discussion and proposed orders and directions about additional information to be provided to the Plaintiff who considers proposed orders and directions to be not what he sought and to be of minimal assistance – Plaintiff then repeats request to have proceedings dismissed and rejects any opportunity to withdraw request. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 42.19 and 42.20 Category: Procedural rulings Parties: Marc White! (Plaintiff) Melinda Joanne Sheppard (Defendant) Representation: Counsel: Mr J Brown (Defendant)

Solicitors: Owen Hodge Lawyers (Defendant) File Number(s): 2022/48727 Publication restriction: Nil