Williams v Nielssen [2019] NSWSC 1336

Williams v Nielssen [2019] NSWSC 1336

The plaintiff's discharge from hospital meant he was no longer under legal incapacity, so UCPR r 7.14 did not prevent him from filing a statement of claim without a tutor; directions should therefore be made for him to file and serve a statement of claim and for any defendant to bring any strike out motion within the specified timetable.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Common Law; Civil Procedure / Duty Judge Directions Concerning Filing of Statement of Claim and Possible Strike Out Motion
Outcome
Directions made; costs reserved.
Legal Topics
['legal Incapacity' 'tutor' 'statement of Claim' 'strike Out Application' 'timetabling Orders']
['civil Procedure' 'mental Health Law'] ['legal Incapacity' 'tutor' 'statement of Claim' 'strike Out Application' 'timetabling Orders']

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Procedural Posture

Common Law; Civil Procedure / Duty Judge Directions Concerning Filing of Statement of Claim and Possible Strike Out Motion

Legal Issues

  1. 1 ['Whether the plaintiff required leave or a tutor to file a statement of claim under UCPR r 7.14 after being discharged from hospital.' 'What timetable should be set for filing and serving the statement of claim and for any strike out motion.']

Ratio Decidendi

The plaintiff's discharge from hospital meant he was no longer under legal incapacity, so UCPR r 7.14 did not prevent him from filing a statement of claim without a tutor; directions should therefore be made for him to file and serve a statement of claim and for any defendant to bring any strike out motion within the specified timetable.

Court Disposition

Directions made; costs reserved.

Orders

  • ['Direct the plaintiff to file and serve a statement of claim on or before 30 October 2019.' 'Direct any defendant who wishes to move to strike out the statement of claim or the proceedings to file a motion to that effect on or before 13 November 2019.' 'List the matter before the Registrar on 18 November 2019 for...