Williams v Nielssen

1. [1]

   This matter has come before me today as duty judge by reason of orders made by Lonergan J on 13 September 2019 which were as follows:

2. [2]

   The basis for the orders made by her Honour has changed in that on 25 September 2019 the plaintiff was formally discharged from hospital and is, accordingly, no longer an involuntary patient within the meaning of the Mental Health Act 2007 (NSW). That has the consequence that he no longer meets the description of a person under legal incapacity within s 3 of the Civil Procedure Act 2005 (NSW). Accordingly, Uniform Civil Procedures Rules (NSW) (UCPR), r 7.14 does not apply to him and he may file a statement of claim without a tutor.

3. [3]

   The plaintiff, who has appeared by telephone from Byron Bay, has indicated that, although he handed up a statement of claim to Lonergan J at the hearing before her Honour on 13 September 2019, he would like a further 28 days to finalise the statement of claim.

4. [4]

   Mr Gregg, who appears on behalf of the first defendant, Dr Nielssen, has foreshadowed a potential application by his client to strike out the statement of claim. I will make provision for any such motion in the directions without, of course, making any assumption that any such application will be brought.

Orders

1. [5]

   For the reasons given above, I make the following directions:

   1. (1)

      Direct the plaintiff to file and serve a statement of claim on or before 30 October 2019.

   2. (2)

      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.

   3. (3)

      List the matter before the Registrar on 18 November 2019 for referral of any such motion or, if no such motion has been filed, for further directions.

   4. (4)

      Reserve costs.