Lin v State of New South Wales [2024] NSWSC 653

Supreme Court New South Wales

Medium Neutral Citation: Lin v State of New South Wales [2024] NSWSC 653 Hearing dates: 28 May 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order the plaintiff's notice of motion filed 27 February 2024 be dismissed. (2) Order the plaintiff pay the defendant's costs of the notice of motion filed 27 February 2024. (3) Order that, pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings be dismissed. (4) Order the plaintiff pay the defendant's costs of the proceedings. Catchwords: CIVIL PROCEDURE – pleadings – amendment – where plaintiff is a self-represented litigant – whether leave should be granted to file a further amended statement of claim – where plaintiff has been given a number of opportunities to re-plead – where defendant opposed the grant of leave and sought an order that the proceedings be dismissed – leave to file further amended statement of claim refused – proceedings dismissed under r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) as an abuse of the process of the Court Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Mental Health Act 2007 (NSW) Police Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Colombini v De Berigny [2021] NSWSC 374 Dickens v State of New South Wales (No 3) [2018] NSWSC 485 Gunns Limited v Marr [2005] VSC 251 Lin v State of New South Wales [2023] NSWSC 1092 Lin v State of New South Wales [2023] NSWSC 953 Lin v State of New South Wales [2024] NSWSC 77 McGuirk v The University of New South Wales [2009] NSWSC 1424 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)