Jadwiga Edwina Lisakowska by her attorney Dimce Jim Bogoevski v A.C.N. 150 898 927 Pty Ltd & Anor [2019] NSWSC 1139

Supreme Court New South Wales

Medium Neutral Citation: Jadwiga Edwina Lisakowska by her attorney Dimce Jim Bogoevski v A.C.N. 150 898 927 Pty Ltd & Anor [2019] NSWSC 1139 Hearing dates: 2 September 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Application for discontinuance of the proceedings adjourned to 6 September 2019. Directions given to ensure that the plaintiff is able to communicate directly with the Court before final orders are made in the proceedings. Catchwords: PRACTICE AND PROCEDURE – notice of discontinuance – a legally unrepresented plaintiff appears to consent to defendants' notice of discontinuance of the proceedings – proceedings were brought by summons in the plaintiff's name by a person claiming to be her attorney – the proceedings seek the recovery of a deposit on terminated contracts – attorney commencing the proceedings is the plaintiff's estranged husband – the proceedings were started after the husband's separation from her – the plaintiff was apparently unaware of the existence of the proceedings – the defendants gave the plaintiff short notice of the first return date of the summons – the plaintiff apparently communicates with the defendants consenting to their notice of discontinuance – all the plaintiff's communications with the Court are via persons with adverse interests to her – Court not confident that plaintiff has consented to the notice of discontinuance – what is the appropriate procedural course to ensure that the plaintiff has consented to the notice of discontinuance. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 4.6, 7.3A, 12.1 Cases Cited: Sheen v Burke [1993] 1 VR 584 Category: Procedural and other rulings Parties: Plaintiff: Jadwiga Edwina Lisakowska by her attorney Dimce Jim Bogoevski First Defendant: A.C.N. 150 898 927 Pty Ltd Second Defendant: Leesa-Gay Irene Scuch Representation: Counsel: First and Second Defendants: J.D. Cook