Michail v Mount Druitt & Area Community Legal Centre (No. 5) [2017] NSWDC 13

District Court New South Wales

Medium Neutral Citation: Michail v Mount Druitt & Area Community Legal Centre (No. 5) [2017] NSWDC 13 Hearing dates: 9 February 2017 Date of orders: 09 February 2017 Decision date: 09 February 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) These proceedings removed from the Inactive List. (2) The plaintiff's applications contained in paragraphs 98 – 107 of her document entitled "Prominent Unresolved Issues for Resolution by Chief Justice of NSW and NSW District Court Chief Justice [sic] by Monday 12 December 2016 and Requested Outcomes" are dismissed. (3) A peremptory order for the plaintiff to file and serve a Further Amended Statement of Claim in accordance with my orders of 24 September 2015 by Wednesday 22 February 2017 at 4:00pm. (4) Any applications by the defendant in relation to this pleading (including any failure by the plaintiff to comply with order (3)) are stood over to Thursday 23 February 2017. (5) Costs reserved. Catchwords: PRACTICE AND PROCEDURE - defendant brings application to strike out part or whole of the statement of claim on the basis of pleading defects - plaintiff's application for leave to appeal unsuccessful - subsequent delays in part due to plaintiff's medical condition - whether plaintiff should be ordered to file amended pleading - turns on its own facts Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Bi v Mourad [2010] NSWCA 17 Gunns Ltd v Marr [2005] VSC 251 Kostov v YPOL Pty Ltd [2016] NSWSC 1722 McGuirk v University of New South Wales [2005] NSWSC 1424 McGuirk v University of New South Wales [2009] NSWSC 253 McGuirk v University of New South Wales [2010] NSWCA 104 Michail v Mount Druitt & Area Community Legal Centre [2015] NSWDC 145 Michail v Mount Druitt & Area Community Legal Centre (No. 2) [2015] NSWDC 214 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Michail v Mount Druitt & Area Community Legal Centre (No. 3) (District Court of New South Wales, Gibson DCJ, 9 February 2016) Michail v Mount Druitt & Area Community Legal Centre (No. 4) (District Court of New South Wales, Gibson DCJ, 1 June 2016) Nobarani v Mariconte [2016] NSWCA 214 Pierno v Rixon [2016] NSWSC 297 Torpey Vander Have Pty Ltd v Mass Constructions Pty Ltd [2002] NSWCA 263 Waters v United Permanent Building Society Ltd (Supreme Court of New South Wales, Young J, 27 July 1988) YZ v Amazon [2013] NSWSC 1522 YZ v Amazon (No 2) [2014] NSWSC 415 YZ v Amazon (No 3) [2015] NSWSC 1130 YZ v Amazon (No 4) [2015] NSWSC 1346 YZ v Amazon (No 5) [2015] NSWSC 1539 YZ v Amazon (No 6) [2015] NSWSC 1951 YZ v Amazon (No 7) [2016] NSWSC 637 Category: Procedural and other rulings Parties: Plaintiff: Nancy Michail Defendant: Mount Druitt & Area Community Legal Centre Representation: Counsel: Defendant: Ms S Chrysanthou