Atkinson v Coles Supermarkets Pty Ltd [2020] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: Atkinson v Coles Supermarkets Pty Ltd [2020] NSWSC 1063 Hearing dates: 26 and 29 May, and 11 June 2020 Date of orders: 11 June 2020 Decision date: 13 August 2020 Jurisdiction: Common Law Before: Lonergan J Decision: The plaintiff's draft letters and proposed questions for the expert damages conclaves are rejected. See paragraph [47] for additional costs order. Catchwords: CIVIL PROCEDURE — court administration — case management — practice notes — expert conclaves — issue as to the drafting and provision of questions to expert damages conclaves — plaintiff's proposed questions contrary to Uniform Civil Procedure Rules 2005 (NSW) and practice notes concerning joint expert reports and concurrent evidence — proposed questions rejected Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Watts v Rake (1960) 108 CLR 158; [1960] HCA 58 Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34 Category: Procedural and other rulings Parties: David Arthur Atkinson (Plaintiff) Coles Supermarkets Pty Ltd (Defendant) Linfox Australia Pty Ltd (Cross-Defendant) Representation: Counsel: P Beale / J Doyon (Plaintiff) D Talintyre (Defendant) N Brown (Cross-Defendant)

Solicitors: CMC Lawyers (Plaintiff) Lander & Rogers Lawyers (Defendant) Meridian Lawyers (Cross-Defendant) File Number(s): 2017/171732 Publication restriction: Nil