Finsec Pty Limited as Trustee of the Batterham Retirement Fund v Marcel Andre Nauer [2019] NSWSC 1831

Supreme Court New South Wales

Medium Neutral Citation: Finsec Pty Limited as Trustee of the Batterham Retirement Fund v Marcel Andre Nauer [2019] NSWSC 1831 Hearing dates: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Proceedings dismissed, dismissal to be stayed until 6 February 2020. If a solicitor has come onto the record for the plaintiff by 6 February 2020, the stay of the dismissal to continue until further order Catchwords: PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules Pt 7 rr 7.1, 7.2 and 7.3, Civil Procedure Act 2005 NSW s 14 – requirement for a company to have a solicitor on the record in proceedings in the Court – whether Court should dispense with the requirement – where company commences proceedings purporting to be represented by its sole director – where Commercial List Statement makes significant and improperly pleaded allegations of dishonesty on the part of the defendant – where the director has previously been responsible for multiple earlier dismissed proceedings involving substantially the same complaint now made – where the Court has no confidence that the director will behave ethically or responsibly - where the director has significant outstanding orders for costs against him in favour of the defendant – where the Court has no confidence that the proceedings have any prospect of success - HELD that the Court should not dispense with the requirement that the plaintiff be represented by a solicitor on the record Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Category: Procedural and other rulings Parties: Finsec Pty Limited as Trustee of the Batterham Retirement Fund - Plaintiff Marcel Andre Nauer - Defendant Representation: Counsel: P. Batterham - Plaintiff, Self-Represented J.R. Clarke SC - Defendant