McInally v State of New South Wales [2024] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: McInally v State of New South Wales [2024] NSWSC 767 Hearing dates: 20 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Common Law Before: Davies J Decision: (1) Remove the plaintiff as a party to the proceedings pursuant to r 6.29 of the UCPR. (2) Pursuant to r 7.10 of the UCPR I appoint Amanda Aslett as the representative of the plaintiff's estate for the purpose of these proceedings. (3) Leave is given to amend the statement of claim. Such amended statement of claim is to be filed and served by 28 June 2024. (4) I direct that the parties are to attend a mediation of the proceedings, such mediation to take place on or before 29 November 2024. (5) The parties have liberty to apply on two days' notice. (6) The costs of the present motion should be costs in the cause. Catchwords: CIVIL PROCEDURE – parties – representative order – where plaintiff died prior to conclusion of the proceedings – whether plaintiff should be removed as a party pursuant to r 6.29 of the UCPR – whether representative of the plaintiff's estate should be appointed and named as party – representative appointed pursuant to r 7.10 of the UCPR Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 6.29, 7.10 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Richard McInally (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Isackson (Plaintiff) A Bramston (Defendant)