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[2025] NSWSC 998
Supreme Court of NSW
2025-08-28
Garling J
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Zhu v Dr Penny Lee;; Zhu v Dr I Mordecai [2025] NSWSC 998
Hearing dates: 28 August 2025
Date of orders: 28 August 2025
Decision date: 28 August 2025
Jurisdiction: Common Law
Before: Garling J
Decision: (1) Pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW), order that Mr Norman Zhou be removed, with immediate effect, as the plaintiff's tutor.
(2) Order that there be no order as to costs of this application.
Catchwords: CIVIL PROCEDURE – Parties – Persons under legal incapacity – Tutors – Removal of person previously appointed as a tutor
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 7.18
Cases Cited: Not Applicable
Texts Cited: Not Applicable
Category: Principal judgment
Parties: Julia Zhu (P)
Dr Penny Lee (D)
Dr Isaac Mordecai (D)
Representation: Counsel:
N Zhu (P) (via AVL)
T Berberian (D)
Solicitors:
Moray & Agnew (D)
File Number(s): 2019/122613;
2019/122643
Publication restriction: Not Applicable
On 3 October 2023, by a judgment delivered that day, Weinstein J determined that it was necessary, in the current sets of proceedings, for a tutor to be appointed. Consequent upon that determination, Mr Norman Zhou, who is the son of the plaintiff, accepted appointment as a tutor to conduct the proceedings.
Mr Zhou informs the Court, by affidavit, that he presently resides in Shanghai in the People's Republic of China, and has been so resident since the time of his appointment on 24 October 2023. Mr Zhou informs the Court that he is unable to continue fulfilling the responsibilities required of a tutor due to ongoing work commitments within the company by which he is employed.
I accept entirely Mr Zhou's statement that he is unable to continue to fulfil his responsibilities. I note, as well, the fact that his residence overseas in the People's Republic of China, which seems to me to be unlikely to change in the immediate future, adds a complicating factor to the continuing discharge of his responsibilities as a tutor.
In those circumstances, I am satisfied that it is appropriate to exercise the discretion of the Court to remove Mr Norman Zhou as the plaintiff's tutor.
I make the following orders:
Pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW), order that Mr Norman Zhou be removed, with immediate effect, as the plaintiff's tutor.
I order that there be no order as to costs of this application.
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