Zaghloul v Woodside Energy Ltd (No 4) [2014] FCA 623

FEDERAL COURT OF AUSTRALIA

Zaghloul v Woodside Energy Ltd (No 4) [2014] FCA 623 Citation: Zaghloul v Woodside Energy Ltd (No 4) [2014] FCA 623

Parties: DR HASSAN ZAGHLOUL v WOODSIDE ENERGY LIMITED (ACN 005 482 986)

File number: ACD 62 of 2012

Judge: GILMOUR J

Date of judgment: 20 May 2014

Catchwords: PRACTICE AND PROCEDURE – application to have a question heard and determined as a separate question pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where trial of preliminary issue would not involve adducing contentious evidence – potential to avoid lengthy trial – confined nature of question lends itself to being tried as a preliminary issue

Legislation: Workers' Compensation and Injury Management Act 1981 (WA) s 93K Federal Court Rules 2011 (Cth) r 30.01

Date of hearing: 20 May 2014

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr J Blackburn

Solicitor for the Respondent: Ashurst Australia

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION ACD 62 of 2012

BETWEEN: DR HASSAN ZAGHLOUL

Applicant

AND: WOODSIDE ENERGY LIMITED (ACN 005 482 986)

Respondent

JUDGE: GILMOUR J DATE OF ORDER: 20 MAY 2014 WHERE MADE: PERTH

THE COURT ORDERS THAT:

Respondent's interlocutory application filed on 17 April 2013 1. The respondent have leave to discontinue its interlocutory application for summary judgment filed on 17 April 2013. Applicant's application filed on 25 March 2014 2. The applicant's application for summary judgment filed on 25 March 2014 be listed for hearing on a date to be fixed by the Court on or after 1 July 2014. 3. By 3 June 2014, the applicant file and serve any further written submissions or affidavit materials in support of its application for summary judgment. 4. By 17 June 2014, the respondent file and serve any written submissions or affidavit materials in response to the applicant's application for summary judgment. Respondent's amended interlocutory application filed on 12 May 2014 5. Pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) the question of whether the Court can award damages in tort or contract in respect of mental or physical injury suffered by the applicant be heard and determined as a separate question. 6. The respondent's amended interlocutory application filed on 12 May 2014, including the separate question, be listed for hearing at the same time as the applicant's application for summary judgment. 7. By 3 June 2014, the respondent file and serve any further written submissions or affidavit materials in support of its amended interlocutory application including the separate question. 8. By 17 June 2014, the applicant file and serve any written submissions or affidavit materials in response to the applicant's amended interlocutory application including the separate question. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.