Wright v Optus Administration & Anor (No 3) [2013] NSWSC 1710

Wright v Optus Administration & Anor (No 3) [2013] NSWSC 1710

Because it was arguable on the evidence that the plaintiff was under a legal incapacity, and because a final decision on that question should await full argument, it was appropriate to appoint a tutor at that time and amend the title, pleadings and court documents accordingly.

Jurisdiction
Australia
Judgment Date
21 November 2013
Procedural Posture
Interlocutory Application for Appointment of a Tutor / Application Heard and Decided on 21 November 2013
Outcome
Application granted; tutor appointed by amendment of the proceedings title and court documents.
Legal Topics
['appointment of a Tutor' 'legal Incapacity' 'uniform Civil Procedure Rules 2005 (nsw) R 7.14']
['practice and Procedure'] ['appointment of a Tutor' 'legal Incapacity' 'uniform Civil Procedure Rules 2005 (nsw) R 7.14']

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Procedural Posture

Interlocutory Application for Appointment of a Tutor / Application Heard and Decided on 21 November 2013

Legal Issues

  1. 1 ['Whether James Stuart Wright should be appointed tutor for the plaintiff under r 7.14 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether there was sufficient evidence that the plaintiff was arguably under a legal incapacity to justify appointing a tutor at that time.']

Ratio Decidendi

Because it was arguable on the evidence that the plaintiff was under a legal incapacity, and because a final decision on that question should await full argument, it was appropriate to appoint a tutor at that time and amend the title, pleadings and court documents accordingly.

Court Disposition

Application granted; tutor appointed by amendment of the proceedings title and court documents.

Orders

  • ['The title to these proceedings, and all the pleadings and court documents in the court file, be amended to designate the plaintiff as Glen Wright by his Tutor James Stuart Wright as plaintiff.']