Gerard Michael McGuirk v The University of New South Wales [2009] NSWSC 253

New South Wales Supreme Court

CITATION : Gerard Michael McGuirk v The University of New South Wales [2009] NSWSC 253

HEARING DATE(S) : 25 March 2009

JUDGMENT DATE : 7 April 2009

JUDGMENT OF : Simpson J

1. The Notice to Admit Facts and Authenticity of Documents served by the Plaintiff, dated 20 February 2009, be set aside. 2. The Notice to Admit Facts and Authenticity of Documents served by the Plaintiff, dated 27 February 2009, be set aside. 3. Pursuant to section 61 of the Civil Procedure Act 2005, the Court, by this order, directs the Plaintiff: (i) not to send any written communication (whether by letter, facsimile, e-mail or any other means) concerning the proceedings to any officer or employee of the Defendant including without limitation: (a) the Chancellor of the University; (b) the Vice-Chancellor and President of the University; (c) any member of the University Council; and (d) the University Solicitor and any employee of the University Legal Office DECISION : (ii) not to send any written communication (whether by letter, facsimile, e-mail or any other means) to counsel retained in the proceedings to act on behalf of the Defendant (iii) not to send any written communication (whether by letter, facsimile, e-mail or any other means) to the solicitor on the record for the Defendant in the proceedings, or any partner or employee of such solicitor, apart from: (a) documents required to be served on the Defendant or its solicitors; (b) formal letters required to be sent for the purpose of the Plaintiff conducting the proceedings; and (c) formal letters required to be sent for the purpose of the Plaintiff conducting any other proceedings to which he is a party and in which the Defendant's solicitor is solicitor on the record. (d) responding to any offer to settle any proceedings pending in this Court, in the Court of Appeal and in the Administrative Decisions Tribunal between the Plaintiff and the Defendant (iv) not to serve on the Defendant (whether by its solicitors or otherwise) any Notice to Admit Facts or any Notice to Admit the Authenticity of Documents in relation to the proceedings without the prior leave of the Court. 4. The Plaintiff pay the Defendant's costs of the Notice of Motion filed 6 March 2009 (and as amended).