Hazairin Iskandar v Zulfikri Mahbur & Ors [2011] NSWSC 1056

Supreme Court New South Wales

Medium Neutral Citation: Hazairin Iskandar v Zulfikri Mahbur & Ors [2011] NSWSC 1056 Hearing dates: 7 September 2011 Decision date: 07 September 2011 Jurisdiction: Equity Division Before: Slattery J Decision: Directions made for the plaintiff to approach the President of the Law Society of New South Wales to request him to nominate a solicitor who would be suitable and willing to be appointed as a tutor of the third defendant in these proceedings. Catchwords: PRACTICE AND PROCEDURE - UCPR, r 7.17 and 7.18 - parties generally - appointment of tutor - party seeks appointment of a tutor for an opposing party, who has no assets - questions of: how such a tutor will be found; how the services of such a tutor will be funded; and whether such a tutor can also act as the solicitor in the proceedings. Legislation Cited: Uniform Civil Procedure Rules 2005, r 7.17, 7.18 Cases Cited: Deputy Commissioner of Taxation v P [1987] 11 NSWLR 200 Ex Parte; Shearer [1949] QEN 41 Lawrence v Mayes (1900) 16 WN (NSW) 229 Loorham v Loorham (1947) 65 WN (NSW) 98 Sanguinetti v Weaver (1910) 27 WN (NSW) 142 Texts Cited: Parkers Practice in Equity, Second Edition 1949, at 359 Category: Interlocutory applications Parties: Plaintiff- Hazairin Iskandar First Defendant- Zulfikri Abu Yazid Mahbur Second Defendant- Aminah Theglory Third Defendant- Wahyu Sasterawan Representation: Plaintiff- Mr M. Tanevski Plaintiff- Mr B. Archbold Third Defendant- in person; Wahyu Sasterawan File Number(s): 2010/122386 Publication restriction: No