Wang v State of New South Wales [2011] NSWSC 609

Supreme Court New South Wales

Medium Neutral Citation: Wang v State of New South Wales [2011] NSWSC 609 Hearing dates: 15 March 2011, 11 May 2011, 16 May 2011 Decision date: 23 June 2011 Jurisdiction: Common Law Before: Schmidt J Decision: The parties should bring in short minutes of order to reflect this judgment. If necessary, I will hear the parties on the question of costs. It appears that the orders should be that: 1. The plaintiff's January, February and March 2011 motions be dismissed so far as Mr Liu is concerned. 2. The statement of claim be dismissed, in so far as Mr Liu is concerned 3. Mr Liu's application that he be allowed to commence and carry on the proceedings as tutor for Ms Wang, without a solicitor, be refused. 4. The defendant's application that Mr Liu be removed as Ms Wang's tutor be refused. 5. Refer Ms Wang to the Registrar for referral to a barrister having experience in relation to claims in tort against public authorities, on the Pro Bono Panel, for advice as to her position and assistance in drafting a statement of claim. 6. The matter be adjourned to 14 July 2010 at 9.30 am for further directions. Catchwords: PROCEDURE - various notices of motion - parties - unrepresented litigants - tutor - leave sought by second plaintiff (husband) to commence and continue the proceedings as first plaintiff's (wife) tutor without a solicitor - leave sought refused - defendant's application that second plaintiff be removed as wife's tutor refused - motion seeking summary judgment refused - whether proceedings should be stayed or dismissed as far as second plaintiff is concerned - statement of claim dismissed as far as second plaintiff is concerned - first plaintiff referred to Registrar for referral to pro bono panel for advice Legislation Cited: Civil Procedure Act 2005 Crown Proceedings Act 1988 Law Reform (Vicarious Liability) Act 1983 Limitation Act 1969 (NSW) Police Act 1990 Uniform Civil Procedure Rules 2005 Victims Rights Act 1996 Cases Cited: Cleary v Jeans [2006] NSWCA 9; (2006) 65 NSWLR 355 Damjanovic v Maley [2002] NSWCA 230; (2002) 55 NSWLR 149 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Galladin Pty Ltd v Aimnorth Pty Ltd (1993) 60 SASR 145 Reichel v Magrath (1889) 14 App Cas 665 South v Northern Sydney Area Health Service [2003] NSWSC 479 Stergiou v Citibank Savings Ltd (1988) 148 FLR 244 Wang v State of New South Wales [2010] NSWCA 209 Wang v State of New South Wales [2010] HCASL 273 Category: Procedural and other rulings Parties: Li Wang (First Plaintiff) Yu Liu (Second Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: Mr C Hodgson (Defendant) Solicitors: Mr Liu (unrepresented) (Plaintiffs) IV Knight, Crown Solicitor (Defendant) File Number(s): 2010/423390