Tauri by his Tutor Skipper v Janlin Circuses Pty Ltd [2018] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Tauri by his Tutor Skipper v Janlin Circuses Pty Ltd [2018] NSWSC 810 Hearing dates: 22 May 2018 Date of orders: 22 May 2018 Decision date: 22 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) I direct that the plaintiff attend Sydney to be medically examined by Dr John Sydney Smith at 12:30 pm on 26 June 2018.

(2) I direct that a tutor's consent to act and a solicitor's certificate in compliance with rule 7.16 Uniform Civil Procedure Rules 2005 (NSW) be filed within fourteen days.

(3) The plaintiff to pay the defendant's costs of the motion, which are to include the non-attendance fees in relation to medical appointment on 25 August 2017, 6 February 2018, and 9 February 2018. Catchwords: CIVIL PROCEDURE – procedural matters - non-attendance of plaintiff - fees - proceedings continued by tutor - extended time given to file fresh consent to act as tutor and solicitor's certificate - partial incapacity - depressed fracture of skull - brain damage - legal incapacity - accepted part of brain damage involves executive functions - unpredictable behaviour - missed various medical assessments - bereavement - satisfied defendant's needed to bring motion - plaintiff must be made aware of rules

COSTS - plaintiff ordered to attend appointment - whether plaintiff should pay for the defendant's cost of the motion - including non-attendance fees - ordered - not payable forthwith – plaintiff will likely recover damages - defendant's loss can be recouped after Legislation Cited: Civil Procedure Act 2005 (NSW) s 56; Uniform Civil Procedure Rules 2005 (NSW), r 7.16 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Siar Tauri by his Tutor Carmelle Skipper (Plaintiff) Janlin Circuses Pty Ltd t/as Stardust Circus (Defendant) Representation: Counsel: E Graham (Plaintiff) J C Chapman (Defendant)