Sparks-Simpson as tutor for Sparks v Gerringong Chiropractic Pty Ltd [2020] NSWDC 204

District Court New South Wales

Medium Neutral Citation: Sparks-Simpson as tutor for Sparks v Gerringong Chiropractic Pty Ltd [2020] NSWDC 204 Hearing dates: 21 and 26 February 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The court dispense with the requirement for filing a notice of motion. (2) Pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW), Mary Josephine Sparks-Simpson be removed as tutor of Jason Matthew Sparks in District Court proceedings case number 2018/54678. (3) Upon payment of the sum of [amount redacted] by the NSW Trustee & Guardian into court, the court is to pay that sum to or at the direction of the plaintiff. Catchwords: PRACTICE AND PROCEDURE – plaintiff suffers stroke after proceedings for personal injury are commenced – application made to appoint a tutor – plaintiff subsequently recovers and seeks orders for removal of the tutor – application supported by the tutor and the plaintiff's medical advisers – application granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 14, 16 and 56 Uniform Civil Procedure Rules 2005 (NSW), Part 7, Div 4 and r 7.18 Cases Cited: Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 (No 2) [2011] NSWCA 245 Malin v Sydney Local Health District (t/a Royal Prince Alfred Hospital) [2019] NSWSC 1765 Rappard v Williams [2013] NSWSC 1279 Saravinovska v Saravinovska (No 5) [2015] NSWSC 128 Stokes v McCourt [2014] NSWSC 61 Tarrant v Statewide Secured Investments Ltd [2011] NSWCA 248 Texts Cited: Mr Justice P W Young AO, "Current Issues" (2011) 85 ALJ 615 Category: Procedural and other rulings Parties: Plaintiff: Mary Josephine Sparks-Simpson as tutor for Jason Matthew Sparks First Defendant: Gerringong Chiropractic Pty Ltd Second Defendant: Phillip Burgess Representation: Counsel: Plaintiff: Mr R O'Keefe (21 February 2020); Ms F Smith (solicitor) (26 February 2020)