Wellington v Shaddick trading as Shaddick Baker & Paull [2021] NSWDC 51

Wellington v Shaddick trading as Shaddick Baker & Paull [2021] NSWDC 51

The Court was satisfied from the psychologist's report, Mr Wellington's correspondence and conduct in court, the complexity of the litigation, and his inability to deal with the issues, adhere to court processes, retain legal representatives or identify matters supporting capacity, that Mr Wellington had legal incapacity. Under r 7.14 of the Uniform Civil Procedure Rules 2005 the proceedings could not presently be carried on by him without a tutor, so they were adjourned with liberty to apply if he obtained an able tutor, retained legal representation or acquired capacity.

Jurisdiction
Australia
Judgment Date
04 March 2021
Procedural Posture
Civil Proceedings for Damages for Alleged Negligence and Breach of Fiduciary Duty Against Former Solicitors / Determination Whether the Plaintiff Is Under Legal Incapacity During Proceedings Called on for Trial
Outcome
Proceedings adjourned for 12 months because the plaintiff cannot presently carry them on without a tutor.
Legal Topics
['parties' 'legal Incapacity' 'tutor' 'self Represented Litigants' 'adjournment of Proceedings']
['civil Procedure'] ['parties' 'legal Incapacity' 'tutor' 'self Represented Litigants' 'adjournment of Proceedings']

Case Brief

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Procedural Posture

Civil Proceedings for Damages for Alleged Negligence and Breach of Fiduciary Duty Against Former Solicitors / Determination Whether the Plaintiff Is Under Legal Incapacity During Proceedings Called on for Trial

Legal Issues

  1. 1 ['Whether Nathan Wellington was a person under legal incapacity within Div 4 of Pt 7 of the Uniform Civil Procedure Rules 2005.' 'Whether the proceedings could be carried on by the plaintiff without a tutor or legal representation.']

Ratio Decidendi

The Court was satisfied from the psychologist's report, Mr Wellington's correspondence and conduct in court, the complexity of the litigation, and his inability to deal with the issues, adhere to court processes, retain legal representatives or identify matters supporting capacity, that Mr Wellington had legal incapacity. Under r 7.14 of the Uniform Civil Procedure Rules 2005 the proceedings could not presently be carried on by him without a tutor, so they were adjourned with liberty to apply if he obtained an able tutor, retained legal representation or acquired capacity.

Court Disposition

Proceedings adjourned for 12 months because the plaintiff cannot presently carry them on without a tutor.

Orders

  • ['Adjourn the proceedings for 12 months to Thursday, 3 March 2022 at 9.30am for mention before the Judicial Registrar, on the basis that under r 7.14 of the Uniform Civil Procedure Rules 2005 the proceedings cannot presently be carried on by the plaintiff without a tutor.' 'Parties directed to inform the Judicial...