NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sethi v Cho (No 5) [2023] NSWSC 1335 Hearing dates: 3 November 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Equity Before: Henry J Decision: (1) Dismiss the plaintiff's Notice of Motion filed on 20 September 2023. (2) The plaintiff to pay the defendant's costs in relation to plaintiff's Notice of Motion filed on 20 September 2023. (3) Order that the plaintiff is not to file any further notice of motion, other Court document or take any other steps in these proceedings, such as seeking leave to issue a subpoena, without the leave of the Court. (4) These orders be entered forthwith. Catchwords: CIVIL PROCEDURE — Appearance — Non-appearance of plaintiff — Where orders sought lack legal foundation, seek the same or similar relief to previous motion dismissed by Court for abuse of process, seek leave to issue a subpoena which is a fishing expedition or lack a basis for costs or damages — Whether plaintiff should be prevented from taking any further steps in these proceedings without the leave of Court Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: National Australia Bank Limited v Mellander [2023] NSWSC 1242 Sebie v Pham [2018] NSWCA 332 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Akhil Sethi (Plaintiff; Self-Represented) Joe Cho (Defendant) Representation: Solicitors: Hicksons Lawyers (Defendant) File Number(s): 2023/00252488 Publication restriction: Nil
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