Klewer v Sydney Children’s Hospital Specialty Network [2015] NSWSC 1493

Supreme Court New South Wales

Medium Neutral Citation: Klewer v Sydney Children's Hospital Specialty Network [2015] NSWSC 1493 Hearing dates: 11 September 2015 Date of orders: 11 September 2015 Decision date: 12 October 2015 Jurisdiction: Common Law Before: Wilson J (as Duty Judge) Decision: 1. On the application of the plaintiff's tutor, Ryan Klewer, the Court makes orders removing Ryan Klewer as tutor, pursuant to r 7.18(1)(b) of the Uniform Civil Procedure Rules 2005. 2. In the absence of any person or agency able to fill the role of tutor to the plaintiff, the Court makes a further order pursuant to r 7.18(3) staying the proceedings, pending the appointment of a new tutor. 3. Liberty to the parties to restore the matter to the list within 28 days. Catchwords: CIVIL LAW – Practice and procedure – negligence – incapacity - where tutor appointed unwilling to continue in role – no replacement tutor proposed – whether tutor should be removed Legislation Cited: Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Attorney General in and for the State of New South Wales v Klewer (No. 3) [2010] NSWSC 9 Klewer v Sydney Children's Hospital Specialty Network, formerly the Royal Alexandria Hospital for Children [2014] NSWSC 1639 Klewer v The Royal Alexandria Hospital for Children [2010] NSWSC 18 Category: Procedural and other rulings Parties: Robert Carl Klewer (Plaintiff) Sydney Children's Hospital Specialty Network (Defendant) Representation: Solicitors: Self-represented (via telephone appearance) (Plaintiff) Curwoods Legal Services Pty Ltd (Defendant) File Number(s): 2009/00297327 Publication restriction: None