Xardia v Commissioner of Taxation & Commissioner of NSW Police; Xardia v Department of Defence [2016] NSWDC 63

District Court New South Wales

Medium Neutral Citation: Xardia v Commissioner of Taxation & Commissioner of NSW Police; Xardia v Department of Defence [2016] NSWDC 63 Hearing dates: 29 April & 2 May 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [24]. Catchwords: PRACTICE & PROCEDURE – order for medical examination to determine plaintiff's legal capacity in context of defendants' applications for dismissal or striking out of plaintiff's claims Legislation Cited: Births, Deaths and Marriages Act 1995 (NSW), Pt 5A Uniform Civil Procedure Rules 2005, r 13.4, r 14.28, r 31.46(1) Cases Cited: Xardia v Comcare [2014] AATA 487 Xardia v Comcare [2015] FCA 98 Xardia v Military Rehabilitation and Compensation Commission [2010] AATA 621 Category: Procedural and other rulings Parties: Nakita Xardia (Plaintiff) Commissioner of Taxation (First defendant: 2016/10595) Commissioner of NSW Police (Second defendant: 2016/10595) Department of Defence (Defendant: 2016/52912) Representation: Counsel: Plaintiff in person Mr M Seck (Defendants)

Solicitors: Norton Rose Fulbright Australia (Defendants) File Number(s): 2016/10595; 2016/52912 Publication restriction: None

Judgment

Nature of case 1. The plaintiff Nakita Xardia, has filed two proceedings in this Court claiming damages from various defendants. Her originating process does not comply with the requirements of the Uniform Civil Procedure Rules 2005.