The Court stayed proceedings brought by the widow of a deceased person where the plaintiff lacked standing as legal personal representative (no letters of administration having been obtained), the statement of claim failed to identify whether the claim was a survival action under s 2 of the Law Reform (Miscellaneous Provisions) Act 1944 (NSW) or a dependency claim under the Compensation to Relatives Act 1897 (NSW), the pleading did not comply with Parts 14 and 15 of the UCPR, and no expert medical report complying with UCPR r 31.36 had been filed. Rather than dismissing the proceedings outright, the Court stayed them under s 67 of the Civil Procedure Act 2005 (NSW) and listed the matter for the plaintiff to show cause why the proceedings should not be dismissed, leaving the defendant's strike-out motion part heard.
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