Eedra Zey (formerly using the litigation pseudonym Eva Williams) v State of New South Wales [2024] NSWDC 135

District Court New South Wales

Medium Neutral Citation: Eedra Zey (formerly using the litigation pseudonym Eva Williams) v State of New South Wales [2024] NSWDC 135 Hearing dates: 26 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Civil Before: Acting Judge Levy SC Decision: See paragraph [88] for dispositive orders. See paragraph [89] for case management orders. Catchwords: CIVIL PROCEDURE – non-appearance of plaintiff at the hearing of her notice of motion filed on 22 April 2024 – insufficiency of reasoning in medical certificates purporting to explain plaintiff's continued non-engagement with the requirements of her litigation – examination of litigation conduct of the parties – revocation of previous non-publication order following plaintiff's failure to respond to notice requiring her to show cause why non-publication order should remain in force – circumstances indicate that plaintiff's request for judicial recusal requires a formal application – remedial case management orders made Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 57, s 58, s 59. s 60, s 61, s 62, s 183 Courts Suppression and Non-publication Orders Act, 2010 (NSW), s 7, s 8, s 10 Evidence Act 1995 (NSW), s 29(2) Uniform Civil Procedure Rules 2005 (NSW), r 7.36, r 23.4, r 35.1, r 42.1 Cases Cited: Bobolas v Waverley Council [2016] NSWCA 139 Concrete Pty Ltd v Parramatta Design & Development Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Douglas v Mikhael [2024] NSWCA 89 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Foster v Harvey [2006] NSWSC 1112 Nobarini v Mariconte [2018] HCA 36 Polsen v Harrison [2021] NSWCA 23 Rasjki v Scitiec Corporation Pty Ltd, unreported, New South Wales Court of Appeal, 16 June 1986 Texts Cited: Trauma-informed Courts Guidance for trauma-informed judicial practices: Judicial Commission of NSW 2022; Equality before the law Bench Book Judicial Commission of NSW 2022 Category: Procedural rulings Parties: Eedra Zey (formerly using the pseudonym Eva Williams) (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: (Self-represented plaintiff did not appear) Mr N Newton (Defendant)