Wei-Qing Ma v MSM Corporation International Ltd [2016] NSWSC 1094

Wei-Qing Ma v MSM Corporation International Ltd [2016] NSWSC 1094

Because the plaintiff had not complied with the Registrar's orders, the verification affidavit was unsatisfactory, and Mr Zhao had no right under UCPR r 7.1(1), (1A) or otherwise to conduct the proceedings for the plaintiff, the interests of justice required a short extension for compliance, a direction that the plaintiff appear personally or by an appropriately qualified legal practitioner, and leave for the defendants to move to dismiss the proceedings if default continued. The wasted appearances caused by the plaintiff's conduct justified indemnity costs for the second and third defendants.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Procedural and Other Rulings / Duty Judge Ruling on Compliance With Registrar's Orders, Representation, Verification of Statement of Claim, Leave to Move for Dismissal, and Costs
Outcome
Time for compliance extended; matter listed for directions; plaintiff directed to appear personally or by a qualified legal practitioner; leave given to move for dismissal or other orders on default; plaintiff ordered to pay the second and third defendants' costs on an indemnity basis.
Legal Topics
['representation of a Natural Person in Court Proceedings' 'verification of Statement of Claim' 'dismissal for Want of Prosecution or Default in Compliance With Court Orders' 'indemnity Costs' 'mc Kenzie Friend']
['civil Procedure' 'equity'] ['representation of a Natural Person in Court Proceedings' 'verification of Statement of Claim' 'dismissal for Want of Prosecution or Default in Compliance With Court Orders' 'indemnity Costs' 'mc Kenzie Friend']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Duty Judge Ruling on Compliance With Registrar's Orders, Representation, Verification of Statement of Claim, Leave to Move for Dismissal, and Costs

Legal Issues

  1. 1 ['Whether the plaintiff had complied with orders requiring her to appear in person or by an appropriately qualified legal representative and to file and serve a proper affidavit verifying her statement of claim.' 'Whether Mr Zhao, a natural person who was not shown to be a lawyer, had capacity or a right to represent the plaintiff in the proceedings.' 'Whether time should be extended for compliance and whether the second and third defendants should have leave to move to dismiss the proceedings if default continued.' 'Whether the second and third defendants should have their costs of 21 July 2016 and 3 August 2016 on an indemnity basis.']

Ratio Decidendi

Because the plaintiff had not complied with the Registrar's orders, the verification affidavit was unsatisfactory, and Mr Zhao had no right under UCPR r 7.1(1), (1A) or otherwise to conduct the proceedings for the plaintiff, the interests of justice required a short extension for compliance, a direction that the plaintiff appear personally or by an appropriately qualified legal practitioner, and leave for the defendants to move to dismiss the proceedings if default continued. The wasted appearances caused by the plaintiff's conduct justified indemnity costs for the second and third defendants.

Court Disposition

Time for compliance extended; matter listed for directions; plaintiff directed to appear personally or by a qualified legal practitioner; leave given to move for dismissal or other orders on default; plaintiff ordered to pay the second and third defendants' costs on an indemnity basis.

Orders

  • ['The time within which the plaintiff is to comply with order 2 made on 21 July 2016 was extended until 5pm on 25 August 2016.' 'The matter was listed for directions before the Registrar on 29 August 2016.' 'On 29 August 2016 the plaintiff was directed either to appear in person or by an appropriately qualified...