Sophia McGinn v NSW Civil and Administrative Tribunal [2018] NSWSC 630

Supreme Court New South Wales

Medium Neutral Citation: Sophia McGinn v NSW Civil and Administrative Tribunal [2018] NSWSC 630 Hearing dates: 8 May 2018 Decision date: 08 May 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The application of the solicitor for the second defendant that the proceedings be summarily dismissed against the second defendant is itself dismissed. (2) The proceedings are listed for directions before the Registrar of the Common Law Division in two weeks from today, at 9 am on Tuesday 22 May 2018. Catchwords: CIVIL PROCEDURE – application for summary dismissal of the proceedings of the plaintiff against the second defendant – no formal notice of motion – whether self-represented plaintiff appreciated the nature of the application to be made – second defendant true opponent and contradictor in proceedings – contention of plaintiff not doomed to failure – application dismissed Cases Cited: McGinn v Barilla [2018] NSWCATAP 85 Category: Procedural and other rulings Parties: Sophia McGinn (Plaintiff) NSW Civil and Administrative Tribunal (First Defendant) Pasquale Barilla (Second Defendant) Representation: Solicitors: Plaintiff self-represented Peter Collins & Associates (Second Defendant) File Number(s): 2018/127488 Publication restriction: Nil.

ex tempore – revised Judgment

Introduction 1. This matter came before me in the Duty List this morning. I was in a position to return to it shortly after 12 midday, and a hearing of approximately one hour took place. At the conclusion of that hearing, I indicated that I respectfully rejected the application of the solicitor for the second defendant (Mr Barilla) for summary dismissal of the claim brought against him by Ms Sophia McGinn (the plaintiff), and that I would provide reasons for that course later today. This short judgment constitutes those reasons.