Wang v State of New South Wales [2011] NSWSC 609

Wang v State of New South Wales [2011] NSWSC 609

Mr Liu is not entitled to re-litigate claims determined against him in earlier proceedings and is bound by the Court of Appeal's judgment; as such, his applications and claims are dismissed as abuse of process. Leave for Mr Liu to act as Ms Wang's tutor without a solicitor is refused, as it would not be in Ms Wang's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 June 2011
Procedural Posture
Personal Injury and Economic Loss Claim Arising From Alleged Intentional Torts and Police Conduct / Interlocutory Decisions on Multiple Motions and Procedural Matters
Outcome
Plaintiff's (Mr Liu) motions dismissed; statement of claim dismissed as far as Mr Liu is concerned; Mr Liu's application to act as tutor without a solicitor refused; defendant's application to remove Mr Liu as tutor refused; Ms Wang referred for pro bono legal advice; matter adjourned for further directions.
Legal Topics
['intentional Torts' 'vicarious Liability' 'personal Injury' 'tutor Representation' 'summary Judgment' 'abuse of Process' 'statutory Authorities Liability' 'costs' 'legal Incapacity Procedures']
['civil Procedure' 'tort Law' 'police Law'] ['intentional Torts' 'vicarious Liability' 'personal Injury' 'tutor Representation' 'summary Judgment' 'abuse of Process' 'statutory Authorities Liability' 'costs' 'legal Incapacity Procedures']

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Procedural Posture

Personal Injury and Economic Loss Claim Arising From Alleged Intentional Torts and Police Conduct / Interlocutory Decisions on Multiple Motions and Procedural Matters

Legal Issues

  1. 1 ["Whether Mr Liu should be permitted to act as Ms Wang's tutor without a solicitor" "Whether Mr Liu should be removed as Ms Wang's tutor" "Whether Mr Liu's claims constitute an abuse of process" 'Whether summary judgment should be granted for failure to file a defence' 'Whether proceedings should be stayed or dismissed as far as Mr Liu is concerned' "Scope of Ms Wang's claims following prior appellate orders"]

Ratio Decidendi

Mr Liu is not entitled to re-litigate claims determined against him in earlier proceedings and is bound by the Court of Appeal's judgment; as such, his applications and claims are dismissed as abuse of process. Leave for Mr Liu to act as Ms Wang's tutor without a solicitor is refused, as it would not be in Ms Wang's interest or consistent with civil procedure requirements. Removal of Mr Liu as tutor is not warranted given no proven disadvantage or improper conduct, but Ms Wang is referred for pro bono legal assistance before further directions.

Court Disposition

Plaintiff's (Mr Liu) motions dismissed; statement of claim dismissed as far as Mr Liu is concerned; Mr Liu's application to act as tutor without a solicitor refused; defendant's application to remove Mr Liu as tutor refused; Ms Wang referred for pro bono legal advice; matter adjourned for further directions.

Orders

  • ["The plaintiff's January, February and March 2011 motions be dismissed so far as Mr Liu is concerned." 'The statement of claim be dismissed, in so far as Mr Liu is concerned.' "Mr Liu's application that he be allowed to commence and carry on the proceedings as tutor for Ms Wang, without a solicitor, be refused."...