McGuirk v The University of New South Wales [2011] NSWSC 1645

Supreme Court New South Wales

Medium Neutral Citation: McGuirk v The University of New South Wales [2011] NSWSC 1645 Hearing dates: 14 December 2011 Decision date: 14 December 2011 Jurisdiction: Common Law Before: Johnson J Decision: (a) Pursuant to rule 6.31 (2) Uniform Civil Procedure Rules 2005, an order is made that, unless an application to join a party to replace the deceased Plaintiff is made on or before 24 February 2012, these proceedings will be dismissed. (b) The Defendant is to notify, in writing, by 4.00 pm on Friday, 16 December 2011, Mr Jonathan Harris of Harris Freidman Lawyers, of the fact that this order has been made, attaching a copy of these reasons which will be furnished to the solicitor for the Defendant for that purpose. (c) Liberty is granted to apply on 48 hours' notice, in the event that any application is to be made, such liberty to be activated by contact with Johnson J's Associate. Catchwords: PRACTICE AND PROCEDURE - civil proceedings - claim for damages for breach of contract, common law deceit and under Trade Practices Act 1974 (Cth) and Fair Trading Act 1987 - Plaintiff dies whilst proceedings on foot - no application made to join party to replace deceased Plaintiff - application under Rule 6.31(2) Uniform Civil Procedure Rules 2005 for dismissal of proceedings unless joinder application made - order made Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1944 Uniform Civil Procedure Rules 2005 Cases Cited: McGuirk v University of New South Wales [2010] NSWSC 1471 McGuirk v University of New South Wales (No. 2) [2011] NSWSC 361 Texts Cited: --- Category: Procedural and other rulings Parties: Gerard Michael McGuirk (Plaintiff) University of New South Wales (Defendant) Representation: Ms S Bennett, Solicitor (Defendant) Sparke Helmore (Defendant) File Number(s): 2008/289246 Publication restriction: ---