Lewis v Martinez and the persons named in the Schedule (No 4) [2024] NSWSC 308

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Martinez and the persons named in the Schedule (No 4) [2024] NSWSC 308 Hearing dates: 25-27 March 2024 Date of orders: 25 March 2024 Decision date: 26 March 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. Pursuant to r 7.10(2)(a) of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings are to continue in the absence of a representative of the estate of the first defendant, Juan Martinez. 2. If judgment is entered against the estate of Mr Juan Martinez in these proceedings, and a representative of the estate of Mr Juan Martinez later seeks to set aside the judgment entered against the estate of Mr Juan Martinez, the plaintiff undertakes to consent to setting aside the judgment. 3. The plaintiff's undertaking in order 2 is subject to circumstances where a valid defence could have been presented by a representative of the estate of Mr Juan Martinez in these proceedings. Catchwords: CIVL PROCEDURE – Parties – Representation – Appointment of person to represent defendant in proceedings – Where one defendant has died – Order made under UCPR rule 7.10 that proceedings continue in the absence of a representative of the deceased person's estate Legislation Cited: Supreme Court (General Civil Procedure) Rules 2015 (Vic) Uniform Civil Procedure Rules 2005 (NSW), rr 1.5, 7.10(2)(a) Partnership Act 1958 (Vic), s 46 Cases Cited: Steinecke v Wayne [2011] NSWSC 428 Category: Procedural rulings Parties: Gregory William Francis Lewis (Plaintiff) Juan Martinez and the persons named in the Schedule (Defendants) Representation: Counsel: Mr F Douglas KC (Plaintiff) Mr J Carter (Plaintiff) Mr J Douglas (Plaintiff) Mr D Williams SC (Defendant) Mr A Barnett (Defendant)