Samootin v Shea and Ors [2003] NSWSC 171

New South Wales Supreme Court

CITATION : Samootin v Shea and Ors [2003] NSWSC 171 HEARING DATE(S) : 17 March 2003 JUDGMENT DATE : 17 March 2003 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Plaintiff's Motion to vacate hearing date dismissed with costs.

CATCHWORDS : PRACTICE AND PROCEDURE - LITIGANT IN PERSON - VACATION OF TRIAL DATE - Plaintiff (litigant in person) sought vacation of trial date for third time on ground that her medical condition prevented her from conducting her own case - protracted proceedings in this Court and Family Court - property subject to injunction and undertaking pending determination of proceedings - Plaintiff refused medical examination by Defendants and refused to consent to her doctor speaking to Defendants' doctors on ground of invasion of privacy and embarrassment. - HELD: Plaintiff's medical evidence insufficient to support conclusion that Plaintiff was unfit to conduct her trial herself - the interests of justice required the trial to proceed on date fixed. - PRACTICE AND PROCEDURE - ABSENCE OF PARTY - Plaintiff filed Notice of Motion to vacate trial date for third time - Motion fixed for hearing - Plaintiff stated that she would not attend hearing due to her medical condition. - HELD: Plaintiff's Notice of Motion would be heard in her absence - insufficient medical evidence to support Plaintiff's refusal to attend. Alexandra Samootin - Plaintiff Christopher George Shea - First Defendant PARTIES : Peter John Deans - Second Defendant Loan Design Pty Limited - Third Defendant Giselle M. Wagner t/a Northern Beaches Legal Service - Fifth Defendant FILE NUMBER(S) : SC 1973/01 COUNSEL : B. Muir (Sol) - Second to Fourth Defendants J.W.J. Stevenson - Fifth Defendant SOLICITORS : Brian Muir & Co - Second to Fourth Defendants Mallesons Stephen Jaques - Fifth Defendant