Blue Badge Insurance Australia Pty Ltd v Farnan (No 2) [2017] NSWSC 1688

Supreme Court New South Wales

Medium Neutral Citation: Blue Badge Insurance Australia Pty Ltd v Farnan (No 2) [2017] NSWSC 1688 Hearing dates: 1 December 2017 Date of orders: 07 December 2017 Decision date: 07 December 2017 Jurisdiction: Equity Before: Parker J Decision: Application to set aside Court's orders dismissed Catchwords: Judgments and Orders – orders made in absence of party – self-represented litigant claiming to have mental health difficulties – application to set aside orders – alleged errors in orders – alleged apprehended bias – alleged fraud – alleged abuse of process – Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(2)(b), (3A) – no evidence of hardship due to compliance with orders – discretion Civil Procedure – self-represented litigant claiming to have mental health difficulties – non-compliance with directions – non-attendance at hearing – mental health difficulties – Court's responsibility towards self-represented litigants Evidence – expert opinion – admissibility – medical certificates – Evidence Act 1995 (NSW), s 79 Legislation Cited: Evidence Act 1995 (NSW), s 79 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: Blue Badge Insurance Australia Pty Ltd v Farnan [2017] NSWSC 688 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Jonesco v Beard [1930] AC 298 Majak v Rose (No 5) [2017] NSWCA 238 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 McDonald v McDonald (1965) 113 CLR 529 Northey v Bega Valley Shire Council [2012] NSWCA 28 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190; [2009] NSWCA 387 Rajski v Scitec Corporation Pty Ltd (Court of Appeal (NSW), 16 June 1986, unrep) Category: Procedural and other rulings Parties: Blue Badge Insurance Australia Pty Ltd (Plaintiff) Christine Ellen Farnan (Defendant) Representation: Counsel: AR Davis (Plaintiff)