Pi v State of New South Wales (No 5) [2016] NSWSC 645

Supreme Court New South Wales

Medium Neutral Citation: Pi v State of New South Wales (No 5) [2016] NSWSC 645 Hearing dates: 13 May 2016 Date of orders: 19 May 2016 Decision date: 19 May 2016 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The Amended Statement of Claim filed 22 October 2015 is struck out. (2) I grant leave to the plaintiff to file and serve a Further Statement of Claim upon which he intends to rely by no later than 4 pm on 15 June 2016. (3) The plaintiff is to pay the costs of the State of New South Wales of and incidental to the State's Notice of Motion. (4) The matter is to be listed before Registrar Bradford for further directions on 20 June 2016. Catchwords: PRACTICE AND PROCEDURE – application to dismiss proceedings for want of prosecution – plaintiff unrepresented – statement of claim bad in form – statement of claim struck out with leave to file a further statement of claim – plaintiff to pay defendant's costs of motion. Legislation Cited: Compensation to Relatives Act 1897 (NSW) Uniform Civil Procedure Rules 2005 – r 14.28(1) Cases Cited: Pi v State of New South Wales [2015] NSWSC 324 Pi v State of New South Wales (No 3) [2015] NSWSC 1413 Category: Procedural and other rulings Parties: Guang Hua Pi – Plaintiff State of New South Wales - Defendant Representation: Counsel: Plaintiff in Person Mr M Hutchings - Defendant

Solicitors: Plaintiff in Person McCabes - Defendant File Number(s): 2014/003768