NSW Caselaw
New South Wales Supreme Court
CITATION : HSBC Bank Australia Ltd v Chang [2008] NSWSC 948
HEARING DATE(S) : 20 August 2008
JUDGMENT DATE : 15 September 2008
JUDGMENT OF : Fullerton J
1. The notice of motion is dismissed. DECISION : 2. The defendant to pay the plaintiff's costs. 3. Liberty to apply on 3 days notice for any further directions to facilitate the progress of the substantive proceedings.
CATCHWORDS : COMMON LAW - appointment of a tutor under Part 7 of the Uniform Civil Procedure Rules - inherent jurisdiction
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CASES CITED : HSBC Bank Australia Ltd v Chang [2007] NSWSC 1127 Re P [2006] NSWSC 1082
PARTIES : HSBC Bank Australia Ltd (Plaintiff) Ching Chih Chang (Defendant)
FILE NUMBER(S) : SC 2004/12254
COUNSEL : D Pritchard SC (Plaintiff) S Bell (Defendant)
SOLICITORS : Blake Dawson Waldron Solicitors (Plaintiff) Lloyd Truman Sadiq Solicitors (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST
FULLERTON J
15 SEPTEMBER 2008
2004/12254 HSBC BANK AUSTRALIA LTD v CHANG
JUDGMENT
1 HER HONOUR: By a notice of motion filed on 17 December 2007 Sheng-Ju Candice Chen ("Ms Chen"), the daughter of the defendant, applies to be appointed as a tutor pursuant to Rule 7.18(1)(a) of the Uniform Civil Procedure Rules 2005 ("UCPR"). That rule provides: "(1) In any proceedings in which a party is or becomes a person under legal incapacity:
(a) if the person does not have a tutor, the court may appoint a tutor…"
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