The Court confirmed that a plaintiff subject to a financial management order under the NSW Trustee and Guardian Act 2009 is a 'person under legal incapacity' who must proceed by a tutor under UCPR r 7.14, and declined to exercise the dispensation power under CPA s 14, holding that the tutor requirement is a matter of substantive law rather than mere procedure. The proceedings were stayed pending the appointment of a tutor by the NSW Trustee and Guardian. The Court also removed the Solicitor General as a misconceived defendant and substituted the NSW Land and Housing Corporation.
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