McGuirk v University of New South Wales

[2010] NSWCA 104

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Case management
3. › Directions
4. › Power to make directions restraining litigant's conduct
5. › Whether s 61 of Civil Procedure Act 2005 (NSW) authorises directions restraining offensive communications
6. › Whether directions must be for speedy determination of real issues between parties
7. › Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 61
1. Practice and Procedure
2. › Case management
3. › Directions
4. › Power under UCPR r 2.1
5. › Whether rule confers broader power than s 61
6. › Whether too late for respondent to rely on rule not raised at trial
7. › Uniform Civil Procedure Rules 2005 (NSW), r 2.1
1. Practice and Procedure
2. › Courts
3. › Inherent jurisdiction
4. › Scope of inherent jurisdiction of superior court
5. › Whether inherent jurisdiction extends to restraining extra-curial conduct not involving court processes or contempt
6. › Supreme Court Act 1970 (NSW), s 23
1. Practice and Procedure
2. › New points on appeal
3. › Whether respondent permitted to rely on new source of power not raised at trial
4. › Prejudice to unrepresented litigant
5. › Interests of justice

Quick Take

Section 61(1) of the Civil Procedure Act 2005 (NSW) requires a determination that proposed directions will promote the speedy determination of the real issues between the parties; it does not authorise directions merely because they would save costs or avoid distress. UCPR r 2.1 is broader and may support orders restraining offensive or threatening communications by a litigant, but must be relied upon at trial. The inherent jurisdiction of the Supreme Court does not extend to restraining extra-curial conduct that does not involve use of court processes, contempt, or threatened contempt.