Wang v State of New South Wales [2014] NSWSC 909

Supreme Court New South Wales

Medium Neutral Citation: Wang v State of New South Wales [2014] NSWSC 909 Hearing dates: 4 July 2014 Decision date: 08 July 2014 Before: Harrison J Decision: 1. Order that Yan Liu be removed as the plaintiff's tutor pursuant to UCPR 7.18(1)(b). 2. Order that, subject to compliance with UCPR 7.16, Yu Liu be appointed as the plaintiff's tutor pursuant to UCPR 7.18(1)(a). 3. Order that Yu Liu take no further or other step to carry on the proceedings in his capacity as the plaintiff's tutor until a notice of appearance by a solicitor appointed to act for him in that capacity in these proceedings has been filed in the Registry and served upon the defendant. 4. Otherwise stay the proceedings pursuant to s 67 of the Civil Procedure Act 2005 pending compliance with order 3 or until further order. 5. Grant liberty to apply on 7 days' notice to the other party and to the Court. Catchwords: TUTOR - removal and appointment of tutor - UCPR 7.14 - whether in the interests of justice for tutor to carry on proceedings without a solicitor Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Freedom of Information Act 1989 Police Act 1990 Uniform Civil Procedure Rules 2005 Cases Cited: AA Shi Pty Ltd v Avbar Pty Ltd (No 4) [2010] FCA 878 Abse v Smith [1986] QB 536 Bay Marine Pty Ltd v Clayton County Properties Pty Ltd (No 2) (1986) 8 NSWLR 104 Damjanovic v Maley [2002] NSWCA 230; (2002) 55 NSWLR 149 Deputy Commissioner of Taxation v P (1987) 11 NSWLR 200 Hubbard Association of Scientologists International v Anderson [1972] VR 340 Li Wang v State of New South Wales [2014] NSWSC 661 Paragon Finance PLC v Noueiri [2001] 1 WLR 2357 Re G J Mannix Ltd [1984] 1 NZLR 309 Scotts Head Developments Pty Ltd v Pallasar Pty Ltd (NSWCA, 6 September 1994, unreported) Silkearl Pty Limited v Ainsworth Game Technology Ltd [2006] FCA 949 South v Northern Sydney Area Health Service [2003] NSWSC 479 Wang v State of New South Wales [2010] NSWCA 209 Wang v State of New South Wales [2011] NSWSC 609 Wang v State of New South Wales [2011] NSWSC 882 Wang & Liu v State of New South Wales [2011] NSWCA 321 Wang v State of New South Wales [2013] NSWSC 386 Category: Procedural and other rulings Parties: Li Wang (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: C Hodgson (Defendant) Solicitors: Crown Solicitor (Defendant) File Number(s): 13/128929 Publication restriction: Nil