Kingsman v NSW Trustee & Guardian [2013] NSWSC 487

Supreme Court New South Wales

Medium Neutral Citation: Kingsman v NSW Trustee & Guardian [2013] NSWSC 487 Hearing dates: 2 May 2013 Decision date: 02 May 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Motion dismissed with the usual order as to costs as agreed or assessed, in favour of Mr Kingsman. Leave granted to amend statement of claim. Costs of the amendments are to be reserved. Catchwords: PROCEDURE - notice of motion - order seeking to strike out statement of claim - case has triable quality - motion dismissed - pleadings - deficiencies in pleadings - pleadings to be amended - orders made - costs Legislation Cited: Damages (Infants And Persons Of Unsound Mind) Act 1929 Minors (Property And Contracts) Act 1970 Public Trustee Act 1913 Trustee Act 1925 Uniform Civil Procedure Rules 2005 Cases Cited: PY v RJS [1982] 2 NSWLR 700 Shaw v State of New South Wales [2012] NSWCA 102; (2012) 219 IR 87 Category: Procedural and other rulings Parties: Joshua Andrew Kingsman (Plaintiff) NSW Trustee & Guardian (First Defendant) Anthony Robert Williamson & James Valenzi Isabella t/as Williamson Isabella Lawyers (Second Defendant) Anthony Williamson (Third Defendant) Roger John Downs, David Laurence Potts, Peter Chodat, Paul Dante Maganino, Mario Quintiliani & Michael John Hatfield t/as Kells Lawyers (Fourth Defendant) Gail Whitton (Fifth Defendant) Jane Louise Kingsman (Sixth Defendant) Tony Robert Kingsman (Seventh Defendant) Representation: Counsel: Mr AJ McInerney and Mr DJ Barnett (Plaintiff) Mr GJ Sarginson (First Defendant) Solicitors: Lough & Wells (Plaintiff) IV Knight, Crown Solicitor (First Defendant) File Number(s): 2012/183580 Publication restriction: None