DY (by his tutor MY) v The Commonwealth of Australia [2010] NSWSC 83

New South Wales Supreme Court

CITATION : DY (by his tutor MY) v The Commonwealth of Australia [2010] NSWSC 83

HEARING DATE(S) : 15 February 2010

JUDGMENT DATE : 19 February 2010

JUDGMENT OF : R A Hulme J

DECISION : Leave granted for the filing of a further amended statement of claim within 14 days. Order pursuant to s 72 Civil Procedure Act 2005 that the 3rd and 4th plaintiffs be referred to by their initials.

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - application to amend statement of claim to add cause of action and join additional plaintiffs - application that plaintiffs be identitified by pseudonyms

LEGISLATION CITED : Civil Procedure Act 2005

CASES CITED : Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514

DY (by his tutor MY) (First plaintiff) PARTIES : TA (Second plaintiff) The Commonwealth of Australia (First defendant) International Organization for Migration (Second defendant)

FILE NUMBER(S) : SC 20454/2007

COUNSEL : S Pritchard (Plaintiffs) R E Williams QC with P Jones (Defendants)

SOLICITORS : Legal Aid NSW Australian Government Solicitors

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

R A Hulme J

19 February 2010

2007/00265347 DY (by his tutor MY) & anor v The Commonwealth of Australia

JUDGMENT

1 HIS HONOUR: These proceedings concern four members of the Y family who are natives of Iraq. The family comprises the father, MY, mother, TA, and two boys, DY (born 1996) and SY (born 1994). Up until now the plaintiffs in the proceedings have been DY and TA, with MY appointed as tutor for DY.