Lin v State of New South Wales [2024] NSWSC 77

Supreme Court New South Wales

Medium Neutral Citation: Lin v State of New South Wales [2024] NSWSC 77 Hearing dates: 30 January 2024 Date of orders: 09 February 2024 Decision date: 09 February 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The leave Ms Lin sought is refused. (2) Ms Lin has leave to file a further motion, seeking leave to file a further amended statement of claim, by 4pm on 1 March 2024. (3) If Ms Lin does not file such a motion before that time, the proceedings will be dismissed under r 13.4(1) of the UCPR, unless final costs have to be determined. (4) If there is no costs dispute, the Court's order will then be that Ms Lin is to bear the State's costs of the proceedings, as agreed or assessed. (5) If there is a costs dispute, the parties should approach to be heard before 4pm on 8 March 2024, with short written submissions addressing what is in issue about those costs. (6) In that event, the proceedings will be dismissed when the costs dispute has been heard and determined by the Court. (7) If Ms Lin does file a further motion on or before 4pm on 1 March 2024, unless the parties approach to be heard on costs, the Court's order will then be that she is to bear the State's costs of this motion, as agreed or assessed. (8) If there is a costs dispute, the parties should also approach to be heard by 4pm on 8 March 2024, together with short written submissions addressing what is in issue about the costs of the motion. (9) In that event, the proceedings will also be dismissed when the costs dispute has been heard and determined by the Court. Catchwords: CIVIL PROCEDURE – pleadings – where plaintiff is a self-represented litigant – where plaintiff given a number of opportunities to re-plead – whether leave to file further amended statement of claim should be granted – refused – whether pleadings disclose a reasonable cause of action – whether proceedings should be dismissed – whether plaintiff should be given a further opportunity to replead – whether guillotine order should be made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60, 64 Crown Proceedings Act 1988 (NSW) Defamation Act 2005 (NSW) Freedom of Information Act 1989 (NSW), s 45 Mental Health Act 2007 (NSW), s 22 Police Act 1990 (NSW), s 6(1) Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4(1)(c), 14.7-14.9, 14.14, 14.28(1), 14.30,15.1, 15.5, 15.12, 15.19(1) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Beckett v New South Wales (2013) 248 CLR 432; [2013] HCA 17 Beckett v State of New South Wales [2015] NSWSC 1017 Caltex Refineries (Qld) Pty Limited v Stavar (2009) 75 NSWLR 649; [2009] NSWCA 258 Cox v Journeaux (No 2) (1935) 52 CLR 713; [1935] HCA 48 Dickens v State of New South Wales (No 3) [2018] NSWSC 485 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Karam v Palmone Shoes Pty Ltd [2012] VSCA 97 Knorr v CSIRO (No 3) [2012] VSC 529 Lin v State of New South Wales [2023] NSWSC 953 Lin v State of New South Wales [2023] NSWSC 1092 Medlin v State Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5 Reeves v State of New South Wales [2010] NSWSC 611 Young v Hones [2013] NSWSC 580 Category: Procedural rulings Parties: Huai Ning Lin (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: T Senior (Defendant)