McInally v State of New South Wales [2024] NSWSC 767

McInally v State of New South Wales [2024] NSWSC 767

Plaintiff's death renders him no longer a proper party; with consent and evidence of Ms Aslett's relationship, appointment as estate representative is appropriate under rr 6.29 and 7.10 UCPR; amendments to the statement of claim and mediation directions are procedurally justified.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Civil / Procedural Ruling at Interlocutory Motion
Outcome
Application granted; plaintiff removed; representative appointed; leave to amend statement of claim; mediation ordered; costs in the cause.
Legal Topics
['representative Order' 'removal and Appointment of Party' 'amendment of Statement of Claim' 'mediation Direction']
['civil Procedure'] ['representative Order' 'removal and Appointment of Party' 'amendment of Statement of Claim' 'mediation Direction']

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Procedural Posture

Civil / Procedural Ruling at Interlocutory Motion

Legal Issues

  1. 1 ['Whether plaintiff should be removed as a party pursuant to r 6.29 of UCPR' "Whether representative of the plaintiff's estate should be appointed pursuant to r 7.10 of UCPR"]

Ratio Decidendi

Plaintiff's death renders him no longer a proper party; with consent and evidence of Ms Aslett's relationship, appointment as estate representative is appropriate under rr 6.29 and 7.10 UCPR; amendments to the statement of claim and mediation directions are procedurally justified.

Court Disposition

Application granted; plaintiff removed; representative appointed; leave to amend statement of claim; mediation ordered; costs in the cause.

Orders

  • ['Remove the plaintiff as a party to the proceedings pursuant to r 6.29 of the UCPR.' "Appoint Amanda Aslett as representative of the plaintiff's estate pursuant to r 7.10 UCPR." 'Leave given to amend the statement of claim, to be filed and served by 28 June 2024.' 'Parties to attend mediation on or before 29...