Hazairin Iskandar v Zulfikri Mahbur & Ors [2011] NSWSC 1056

Hazairin Iskandar v Zulfikri Mahbur & Ors [2011] NSWSC 1056

Directions should be made for the plaintiff to request the President of the Law Society of New South Wales to nominate a solicitor who may be suitable and willing to act as tutor for the third defendant, reserving further argument on funding and dual appointment.

Parties
Plaintiff: Hazairin Iskandar; First Defendant: Zulfikri Abu Yazid Mahbur; Second Defendant: Aminah Theglory; Third Defendant: Wahyu Sasterawan
Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Interlocutory Application / Directions Hearing
Outcome
Directions made for steps to nominate and appoint a tutor for the third defendant; procedural orders vacated and matter listed for further hearing.
Legal Topics
Appointment of Tutor, Legal Incapacity, Professional Funding, Legal Aid
Practice and Procedure Equity Appointment of Tutor Legal Incapacity Professional Funding Legal Aid

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Parties

Hazairin Iskandar

Plaintiff

Zulfikri Abu Yazid Mahbur

First Defendant

Aminah Theglory

Second Defendant

Wahyu Sasterawan

Third Defendant

Procedural Posture

Interlocutory Application / Directions Hearing

Legal Issues

  1. 1 Whether a tutor should be appointed for the third defendant under UCPR r 7.17 and 7.18
  2. 2 How a suitable tutor is to be found and funded
  3. 3 Whether a tutor can also act as solicitor for the party

Ratio Decidendi

Directions should be made for the plaintiff to request the President of the Law Society of New South Wales to nominate a solicitor who may be suitable and willing to act as tutor for the third defendant, reserving further argument on funding and dual appointment.

Court Disposition

Directions made for steps to nominate and appoint a tutor for the third defendant; procedural orders vacated and matter listed for further hearing.

Orders

  • Plaintiff to provide these reasons to President of Law Society of NSW and request nomination within 7 days.
  • Plaintiff to inquire of Salvation Army, Muslims Australia, Legal Aid Commission of NSW if President cannot nominate.