N'Ge-Sala v State of New South Wales [2014] NSWSC 1567

Supreme Court New South Wales

Medium Neutral Citation: N'Ge-Sala v State of New South Wales [2014] NSWSC 1567 Hearing dates: 3, 4, 5, 6 November 2014 Decision date: 07 November 2014 Before: McCallum J Decision: Publication of reserved reasons for dismissing proceedings Catchwords: PROCEDURE - where plaintiff disrupting the orderly hearing of his claim - power under s 62 of the Civil Procedure Act to give directions as to the conduct of a hearing - direction to resume cross-examination - direction to stop singing - appropriate sanction where plaintiff refusing to engage with the processes of the court - proceedings dismissed Legislation Cited: Civil Procedure Act 2005, s 61, 62 Uniform Civil Procedure Rules 2005, r 12.7 Category: Principal judgment Parties: Sonni Michel Angelo N'Ge-Sala (plaintiff) State of New South Wales (defendant) Representation: Counsel: Plaintiff self-represented P Bodor QC, M Hutchings (defendant) Solicitors: Makinson D'Apice (defendant) File Number(s): 2011/405499 Publication restriction: None

Judgment 1HER HONOUR: Sonni N'Ge-Sala commenced proceedings in the District Court against the State of New South Wales in respect of an encounter with police on 21 December 2008. The proceedings were transferred to this Court to be heard together with separate proceedings arising out of the same incident commenced by Ms Susan Bandera. 2The hearing of both proceedings commenced before me on Monday, 3 November 2014. On the third day of the hearing, the Court was informed that Ms Bandera's claim had been resolved on terms that there be a verdict for the defendant and that the parties bear their own costs. The hearing of Mr N'Ge-Sala's claim continued. 3On 6 November 2014, I made an order dismissing Mr N'Ge-Sala's claim, reserving my reasons. These are my reasons for making that order.