Supreme Court New South Wales Medium Neutral Citation: Copson v Bonnici [2015] NSWSC 1148 Hearing dates: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Common Law Before: Button J Decision: See paragraph 5. Catchwords: PRACTICE AND PROCEDURE – application by consent for appointment of representative of deceased's estate pursuant to r 7.10 of the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Category: Procedural and other rulings Parties: Bradley Keith Copson (Plaintiff) David Charles Bonnici (Defendant) Representation: Counsel: P Afshar (Plaintiff) Solicitors: Dunstan Legal (Plaintiff) Burridge and Legg Solicitors (Defendant) File Number(s): 2014/302593 ex tempore Judgment 1. In this matter I have been provided with short minutes of consent orders signed by counsel for the plaintiff and the solicitor for the defendant. 2. To state things very succinctly, it is sought by consent that I make orders pursuant to r 7.10 of the Uniform Civil Procedure Rules 2005 (NSW). 3. In a nutshell, the defendant is deceased and a dispute about his estate has delayed progress of this matter. It is proposed, in short, that Mr Legg will become the representative of the estate so that this matter can progress. 4. The parties very helpfully took me through the details of r 7.10. I am satisfied that it is not only appropriate for me to make the orders contained in the short minutes of order but also, in particular, based upon the affidavit of Mr Legg, I do not consider it necessary that any steps be taken pursuant to r 7.10(4). 5. For the foregoing reasons, I shall simply endorse the document that was handed up by counsel for the plaintiff at the start of the hearing. [ORDERS MADE] THE COURT, by consent: 1. Orders that Mr David Robert Legg, solicitor, be appointed as the representative of the estate of the late David Charles Bonnici, for the purposes of this proceeding. 2. Directs the plaintiff to file and serve, within 7 days of the date of these Orders, an Amended Statement of Claim naming Mr Legg as the defendant and representative of the estate of David Charles Bonnici in accordance with Order 1. 3. Directs the defendant to serve any lay or expert evidence in chief by 23 September 2015. 4. Directs the plaintiff to serve any lay or expert evidence in reply by 21 October 2015. 5. Directs that the proceeding be listed for further directions at 9 AM on 28 October 2015 before the Registrar. 6. Grants the parties liberty to apply on 2 days' notice. The COURT notes: 1. Mr David Robert Legg, solicitor, consents to Order 1 above being made. 2. The Orders 2 to 4 of the Orders made by the Court on 3 February 2015 are to continue to be effective. 1. It is to be noted that I have in my own handwriting, which I will initial, completed proposed order 5 so that it reads: (5) "Directs that the proceeding be listed for further directions at 9 AM on 28 October 2015 before the Registrar". ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 August 2015