Fryer v Pritchard [2019] NSWSC 89

Fryer v Pritchard [2019] NSWSC 89

In the interests of case management and to focus the parties' preparation for the main proceedings, all but one of the defendant's notices of motion are stayed (with costs reserved), with one superseded motion dismissed. Leave to make an application under s 99 is refused, as such application would be a collateral attack on a previous final order, made following an opportunity to appeal or raise the issue at the appropriate time. A further order restrains the defendant from bringing any further notices of motion or proceedings without leave of the Court.

Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Civil Procedure / Interlocutory/procedural Ruling on Motions in Main and Related Proceedings
Outcome
Notices of motion stayed until further order; one motion dismissed; further restraint order made; costs reserved.
Legal Topics
['court Administration' 'case Management' 'self Represented Litigant' 'multiple Notices of Motion']
['civil Procedure'] ['court Administration' 'case Management' 'self Represented Litigant' 'multiple Notices of Motion']

Case Brief

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Procedural Posture

Civil Procedure / Interlocutory/procedural Ruling on Motions in Main and Related Proceedings

Legal Issues

  1. 1 ['Whether to dismiss or stay multiple notices of motion filed by the defendant' 'Whether leave should be granted for an application under s 99 of the Civil Procedure Act 2005 (NSW)' 'Whether to restrain the defendant from filing future motions without leave']

Ratio Decidendi

In the interests of case management and to focus the parties' preparation for the main proceedings, all but one of the defendant's notices of motion are stayed (with costs reserved), with one superseded motion dismissed. Leave to make an application under s 99 is refused, as such application would be a collateral attack on a previous final order, made following an opportunity to appeal or raise the issue at the appropriate time. A further order restrains the defendant from bringing any further notices of motion or proceedings without leave of the Court.

Court Disposition

Notices of motion stayed until further order; one motion dismissed; further restraint order made; costs reserved.

Orders

  • ["In proceedings 2016/90273, the plaintiff's motion filed 31 October 2018 is dismissed with no order as to costs." "In proceedings 2016/90273, the plaintiff's motion filed 30 January 2019 is stayed until further order of the Court and costs in relation to that motion are reserved." "In proceedings 2016/90273, the...