NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ferrier v Nationwide News Pty Limited (No 3) [2015] NSWSC 1806 Hearing dates: 27 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings stayed pending the appointment of a tutor to carry on the proceedings on behalf of the plaintiff and a solicitor to carry on the proceedings on behalf of the tutor failing which by 25 March 2016 that the proceedings be automatically dismissed for want to prosecution and that the plaintiff pay the defendants' costs. Catchwords: PROCEDURE – civil – parties – where plaintiff asserts need for a tutor but fails to appoint one – whether plaintiff under legal incapacity – proceedings stayed pending appointment of tutor – self-executing order made dismissing proceedings for want of due despatch if plaintiff fails to appoint tutor within four months Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3; 67 Uniform Civil Procedure Rules 2005 (NSW), rr 7.13; 7.14; 7.16; 7.18; 7.28; 12.7 Cases Cited: Rappard v Williams [2013] NSWSC 1279 Category: Procedural and other rulings Parties: Mark James Ferrier (plaintiff) Nationwide News Pty Limited (first defendant) Adam Shand (second defendant) Representation: Counsel: Plaintiff in person L Barnett (defendants)
Solicitors: Plaintiff self-represented M+K Lawyers (defendants) File Number(s): 2014/283791 Publication restriction: None
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