Gergis v Ware [2010] NSWDC 17

Reported Decision : 10 DCLR (NSW)156

New South Wales District Court

CITATION: Gergis v Ware [2010] NSWDC 17

HEARING DATE(S): 5 February 2010 EX TEMPORE JUDGMENT DATE : 5 February 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005, the plaintiff's father, Mourad Gergis be appointed as the plaintiff's tutor in these proceedings; 2. The costs of the motion are to be costs in the cause.

CATCHWORDS: PROCEDURE – appointment of tutor – opposed by defendant – powers to appoint – considerations – s 58 Civil Procedure Act 2002

LEGISLATION CITED: Civil Procedure Act 2005, s 3(1); s 58 Uniform Civil Procedure Rules 2005, r 7.18

CASES CITED: HSBC Bank Australia Limited v Chang [2007] NSWSC 1127 HSBC Bank Australia Limited v Chang [2008] NSWSC 948

PARTIES: Stephen Gergis (Plaintiff) Sussanah Ware (Defendant)

FILE NUMBER(S): 4373 of 2008

COUNSEL: Mr LT Grey (Plaintiff) Mr RS McIlwaine SC (Defendant)

SOLICITORS: Carroll & O'Dea (Plaintiff) Charleston Bishop Legal (Defendant)

JUDGMENT

Nature of the motion

1. The plaintiff's motion filed on 14 October 2009 seeks the appointment of a tutor on account of a claim that the plaintiff has a cognitive impairment due to alleged brain damage. The application is opposed by the defendant.

Evidence

2. The application arises in the context of a claim for damages for personal injury arising out of a motor vehicle collision. The plaintiff relies upon an affidavit sworn on 18 November 2009 by his solicitor Olivia Malian.