Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2015] NSWSC 1687

Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2015] NSWSC 1687

There was no satisfactory basis established for making the unusual order that a non-party solicitor conduct part of the proceedings, especially where the non-party’s interest was only through employment and instructions from a non-party insurer; such an order would create practical and procedural difficulties and is not justified under the authorities or r 7.8 UCPR. The motion was therefore dismissed.

Jurisdiction
Australia
Judgment Date
12 November 2015
Procedural Posture
Notice of Motion/procedural Application / Interlocutory Application—motion for Conduct Order
Outcome
Motion dismissed.
Legal Topics
['notice of Motion' 'conduct of Proceedings' 'representative Parties' 'rule 7.8 Ucpr']
['civil Procedure'] ['notice of Motion' 'conduct of Proceedings' 'representative Parties' 'rule 7.8 Ucpr']

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Procedural Posture

Notice of Motion/procedural Application / Interlocutory Application—motion for Conduct Order

Legal Issues

  1. 1 ['Whether the Court should grant an order pursuant to r 7.8 of the Uniform Civil Procedure Rules 2005 (NSW) to appoint a non-party solicitor to conduct issues in the proceedings on behalf of certain interests.']

Ratio Decidendi

There was no satisfactory basis established for making the unusual order that a non-party solicitor conduct part of the proceedings, especially where the non-party’s interest was only through employment and instructions from a non-party insurer; such an order would create practical and procedural difficulties and is not justified under the authorities or r 7.8 UCPR. The motion was therefore dismissed.

Court Disposition

Motion dismissed.

Orders

  • ['Motion for appointment of non-party solicitor to conduct issues in some claims dismissed.' 'Matter to be listed for case management directions before Bellew J at 9:30am on 20 November 2015.']