The Court ordered a conditional stay of proceedings brought by a self-represented plaintiff who lacked the capacity to conduct adversarial litigation, with automatic dismissal if a solicitor was not appointed within three months. The Court preferred a time-limited stay over an indefinite stay, balancing the plaintiff's access to justice against the overriding purpose provisions in ss 56, 57 and 59 of the Civil Procedure Act 2005 (NSW), and the prejudice to the defendant from diminishing evidence quality over time. The State, acting as a model litigant, proposed a stay rather than dismissal to preserve the plaintiff's position under the Limitation Act 1969 (NSW).
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