Kuhsun v State of New South Wales

HIS HONOUR: This matter was listed before me on 24 November 2025 at Mr Kuhsun’s request. It appears that he was concerned that the matter had not progressed since I delivered my judgment on 16 May 2025: see Kuhsun v State of New South Wales [2025] NSWSC 484. It will have been apparent to anyone reading my decision that it was my view that Mr Kuhsun was incapable of representing himself in these proceedings and that he was also probably in need of a tutor.

Mr Kuhsun is not legally trained, does not speak English as his first language and does not understand that these are adversary proceedings. Mr Kuhsun, in my view somewhat remarkably, conceded yesterday morning that he had not even read my earlier judgment or had what I had written translated for him so that he could understand what I had decided. He simply wants me to conclude the matter in his favour now without more.

The proceedings had reached a procedural roadblock on the last occasion. It remains in place.

In an attempt to clear it, Mr Regener, who appears for the State, offered to attempt to locate a lawyer who may be prepared to act for Mr Kuhsun in this case on a no win, no fee basis. My attempt to explain Mr Regener’s offer did not at first appear to find favour with Mr Kuhsun, although it is more likely that he simply did not understand what was being suggested. I got the impression that Mr Kuhsun ultimately accepted that an attempt was being made to find a lawyer for him to assist with the conduct of his case.

As my earlier judgment will, I trust, have made plain, Mr Kuhsun’s case is going nowhere unless he is at least represented by a lawyer. I emphasise again that he has, through no fault of his own, absolutely no understanding of adversary litigation in general or what he must establish to prove his case in particular.

Having regard to Mr Regener’s suggestion, which I hasten to observe was a non-binding offer, I will stand these proceedings over for further directions before the Registrar on 3 February 2026. I note that in the meantime, Mr Regener will write to Mr Kuhsun with the name or names of any lawyer who he has been able to locate who might be prepared to assist Mr Kuhsun with this case on a no fee basis.