J v O [2023] NSWDC 360

District Court New South Wales

Medium Neutral Citation: J v O [2023] NSWDC 360 Hearing dates: 06 September 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) By reason of the insufficient notice given to the defendant of the hearing of these proceedings and for service of medical reports, as well by reason of UCPR rr 7.17 and 7.18, the hearing of the assessment of damages is vacated with costs reserved. (2) Stand these proceedings over to 27 October 2023 before the List Judge to enable the plaintiff to bring such application for orders as may be recommended by her legal representatives. (3) A copy of this decision will be provided to the permanent List Judges in this Court and to the defendant. (4) The Court books to remain with the file. Catchwords: PRACTICE AND PROCEDURE – defendant suffering comprehension problems requiring the appointment of a tutor – attempt by plaintiff to have a tutor appointed by NCAT unsuccessful – plaintiff obtains default judgment and lists proceedings for assessment of damages – defendant not notified of date of hearing or served with updated medical reports until the day beforehand – hearing date vacated pursuant to UCPR r 29.7 – consideration of UCPR r 7.17 and r 7.18 Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Guardianship Act 1987 (NSW), s 9(1)(d) Uniform Civil Procedure Rules 2005 (NSW), rr 7.17, 7.18, 29.7 Cases Cited: Deputy Commissioner of Taxation v P (1987) 11 NSWLR 200 Facer v Wolfe [2013] NSWDC 231 Iskandar v Mahbur [2011] NSWSC 1056 Michaletos v Stivactas [1992] ANZ ConvR 90 Texts Cited: Nil Category: Procedural rulings Parties: J (Plaintiff) O (Defendant) (no appearance) Representation: Counsel: Mr Del Monte (Plaintiff)