NSW Caselaw
New South Wales Court of Appeal
CITATION: Bott v Carter [2010] NSWCA 21
HEARING DATE(S): 24 February 2010
JUDGMENT DATE: 24 February 2010
JUDGMENT OF: Allsop P at 1; Tobias JA at 15
EX TEMPORE JUDGMENT DATE: 24 February 2010
1. Leave to appeal be granted on the question of the exercise of the power by Hislop J to dismiss the proceedings generally. 2. Direct the Registrar to approach the New South Wales Bar Association for pro bono assistance by an experienced junior counsel in the field of professional negligence to assist the appellant with the preparation of a draft statement of claim and submissions on the appeal. DECISION: 3. Application for leave to appeal otherwise refused. 4. Direct the parties to approach the Registrar for the making of directions as to written submissions taking into account the need for the appellant to provide further submissions to the Court and the preparation of a further draft statement of claim. 5. Costs of the application today are reserved to the Appeal Court.
LEGISLATION CITED: r13 and r14 of the Civil Procedure Rules
CATEGORY: Procedural and other rulings
David Charles Bott (Appellant) PARTIES: Trevor John Carter (First Respondent) Clive Andreas Evatt (Second Respondent)
FILE NUMBER(S): CA 298512/2009
Mr M L Williams SC (Appellant) COUNSEL: Mr R J H Darkes SC (First Respondent) Mr R E Williams QC (Second Respondent)
In Person (Appellant) SOLICITORS: Yeldham Price O'Brien Lusk (First Respondent) McCabe Terrill Lawyers (Second Respondent)
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