Stimpson v Australian Traditional-Medicine Society Ltd [2019] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: Stimpson v Australian Traditional-Medicine Society Ltd [2019] NSWSC 979 Hearing dates: 23 July 2019 Decision date: 02 August 2019 Jurisdiction: Common Law Before: Button J Decision: (1) The statement of claim filed on 27 November 2018 by the plaintiff is struck out.

(2) The plaintiff is refused leave to file the amended statement of claim that is an annexure to his affidavit filed 3 May 2019.

(3) The application of the two defendants to have the proceedings summarily dismissed is refused.

(4) Pursuant to r 7.36 of the UCPR, the plaintiff is referred to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance with regard to the following: advice in relation to the proceedings (UCPR r 7.37(a)), and drafting or settling of documents to be filed or used in the proceedings (UCPR r 7.37(c)).

(5) No order as to costs of the proceedings before me, with the intention that each party will bear its own costs. Catchwords: PRACTICE AND PROCEDURE – application for pro bono legal assistance – where issues and role of parties in dispute clarified at hearing – whether proceedings should be summarily dismissed – whether pleadings should be struck out – pleadings difficult to understand – pleadings struck out – application for pro bono legal assistance granted Legislation Cited: Uniform Civil Procedure Rules 2005, r 7.36 Category: Principal judgment Parties: Mitchum Stimpson (Plaintiff) Australian Traditional-Medicine Society Ltd (First defendant) Medibank Private Ltd (Second defendant) Representation: Counsel: Plaintiff (Self-represented) J Dooley (First defendant) A d'Arville (Second defendant)