Boensch v JJ Richards & Sons Pty Ltd [2018] NSWSC 1683

Supreme Court New South Wales

Medium Neutral Citation: Boensch v JJ Richards & Sons Pty Ltd [2018] NSWSC 1683 Hearing dates: 30 August 2018; 13 September 2018 Decision date: 13 September 2018 Jurisdiction: Common Law Before: McCallum J Decision: The plaintiff's notice of motion filed 19 July 2017 is dismissed; plaintiff to pay the defendant's costs of that motion; the time for making the first payment contemplated by order 1 made by the registrar on 23 June 2017 is extended to 28 days from today's date, that is, 11 October 2018; if that first payment of $14,500 is not paid by close of business on 11 October 2018 the proceedings are dismissed; if the payment is made by that date the parties have leave to approach the list clerk to obtain a hearing date for the appeal Catchwords: CIVIL PROCEDURE – security for costs – appeal against decision of registrar – unrepresented plaintiff – where plaintiff repeatedly failed to comply with directions – consideration of meaning of special circumstances under r 50.8 of the UCPR Legislation Cited: Local Courts Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW), r 50.8 Cases Cited: Ballard v Brookfield Australia Investments [2012] NSWCA 434 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural and other rulings Parties: Franz Boensch (plaintiff) JJ Richards & Sons Pty Ltd (defendant) Representation: Counsel: T Woods, W Evatt (both appearing as amicus curiae for plaintiff) DA Lloyd (defendant)

Solicitors: No representation for plaintiff RGS LAW (defendant) File Number(s): 2017/55262 Publication restriction: None