Bauskis v Thomson [2011] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Bauskis v Thomson [2011] NSWSC 27 Hearing dates: 7 February 2011 Decision date: 07 February 2011 Jurisdiction: Common Law Before: Garling J Decision: (1) That pursuant to r 6.29(a) of the Uniform Civil Procedure Rules 2005, Luke Thomson, the 1 st defendant, Natalie Pickford, the 2 nd defendant, Shane Peter Ranee, the 3 rd defendant, and Stuart Coote, the 4 th defendant, be removed as parties to the proceedings. (2) The proceedings continue by way of pleadings pursuant to r 6.6(2) of the Uniform Civil Procedure Rules . (3) The plaintiff file a statement of claim pursuant to r 6.6(3)(b) of the Uniform Civil Procedure Rules within 42 days. (4) The plaintiff pay the 5 th defendant's costs of the notice of motion. Catchwords: PROCEDURE - Supreme Court Procedure - New South Wales - Removal of defendants from proceedings - Whether defendants were improperly joined - Where defendants are police officers - Where the State accepts vicarious liability for any negligent act of the police officers relevant to the plaintiff's claim.

PROCEDURE - Supreme Court Procedure - New South Wales - Proceedings erroneously commenced by summons - In the interests of justice to require proceedings to continue on pleadings. Legislation Cited: Civil Procedure Act 2005 Law Reform Vicarious Liability Act 1983 Uniform Civil Procedures Rules 2005 Category: Procedural and other rulings Parties: John Peter Bauskis (Plaintiff) Luke Thomson (1st Defendant) Natalie Pickford (2nd Defendant) Shane Peter Ranee (3rd Defendant) Stuart Coote (4th Defendant) State of New South Wales (5th Defendant) Representation: Counsel: Self-represented (Plaintiff) Mr Gaigios (1st to 5th Defendants) Solicitors: Self-represented (Plaintiff) I.V. Knight, Crown Solicitor (1st to 5th Defendants) File Number(s): 2010/361646