Zhu v Lee; Zhu v Mordecai; Zhu v Mordecai [2026] NSWSC 532 (Link to Caselaw).
This relevance of this matter is clearly limited by its facts, however is of interest as an example of orders which may be made where proceedings have been commenced by a person who was found to be not capable of managing her affairs within the meaning of r 7.13 Uniform Civil Procedure Rules 2005 (NSW) in so far as those affairs concern the conduct of the proceedings.
Lonergan J made a declaration to that effect and made orders, not only dismissing various notices of motion, but also dismissing the substantive proceedings. At [74] – [75]:
I am required to bear in mind s 56 of the Civil Procedure Act and the overriding purpose of the Act and rules of the Court to facilitate the just, quick and cheap resolution of the real issues in dispute. I bear those principles in mind. I also bear in mind s 58 of that Act and my obligation to act pursuant to the dictates of justice.
It is a significant matter to deprive a plaintiff of a hearing on the merits of the action she has now filed. It is however unreasonable to put the defendants to the expense of trying to respond to a prolix and baseless statement of claim.
However an order was not made banning her (the plaintiff) from commencing any proceedings without leave and without a tutor.
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