Abson by his tutor NSW Trustee and Guardian v Johnston [2024] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Abson by his tutor NSW Trustee and Guardian v Johnston [2024] NSWSC 151 Hearing dates: 23 February 2024 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave granted to Plaintiff to amend the statement of claim in the form attached to the plaintiff's notice of motion filed 19 October 2023. 2. The amended statement of claim is to be served upon the defendant in accordance with the Rules. 3. Defendant's name to be amended from Matthew Fitzgerald to Matthew Johnston on Justice Link. 4. Listed for Directions before Davies J at 9:30am on 5 April 2024. 5. Liberty to apply on 2 days' notice. 6. Costs reserved. Catchwords: CIVIL PROCEDURE – amendment of statement of claim – possession proceedings – where defendant occupying plaintiff's premises wrongly named – where correct name ascertained after attempted service – leave to amend Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Matthew Abson by his tutor NSW Trustee and Guardian (Plaintiff) Matthew Johnston (Defendant) Representation: Counsel: D Woods (Plaintiff) No appearance (Defendant)

Solicitors: Legal Aid NSW (Plaintiff) Self-represented (Defendant) File Number(s): 2023/150743 Publication restriction: Nil