Xardia v Commissioner of Taxation & Commissioner of NSW Police; and Ors (No 2) [2016] NSWDC 194

District Court New South Wales

Medium Neutral Citation: Xardia v Commissioner of Taxation & Commissioner of NSW Police; and Ors (No 2) [2016] NSWDC 194 Hearing dates: 12 August 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Pursuant to s 67 of the Civil Procedure Act 2005, proceedings numbered 2016/10595, 2016/52912 and 2016/160711 are stayed pending the further order of the Court;

2. Pursuant to UCPR 7.36, the plaintiff is referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance;

3. Costs of the interlocutory listings to date are reserved. Catchwords: PRACTICE & PROCEDURE – stay of proceedings, including stay of summary dismissal motions, until a tutor is found for the plaintiff and appointed to continue the litigation Legislation Cited: Civil Procedure Act 2005, s 67 Uniform Civil Procedure Rules 2005, r 7.36 Cases Cited: Batistatos v RTA of New South Wales [2006] HCA 27, 226 CLR 256 State of New South Wales v Plaintiff A [2012] NSWCA 248 Xardia v Commissioner of Taxation and Commissioner of New South Wales Police; Xardia v Department of Defence [2016] NSWDC 63 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) Australian Freestyle Tae Kwon-Do Academy (Defendant: 2016/160711) Representation: Counsel: Plaintiff in person Mr M Seck (Defendants)