Skinner v The State of New South Wales [2021] NSWDC 36

District Court New South Wales

Medium Neutral Citation: Skinner v The State of New South Wales [2021] NSWDC 36 Hearing dates: 8-10, 12, 15-16 February 2021 Date of orders: 16 February 2021 Decision date: 16 February 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 67, 76, 82 and 83 Catchwords: WORK ACCIDENT – work injury damages – former police officer's claim of damages for psychiatric injury – admissibility of supplementary expert reports – whether plaintiff should be precluded from having reports admitted because of failure to include them in pre-filing statement – whether reports constitute 'material not reasonably available' – whether leave should be granted – whether substantial prejudice if reports not admitted PRACTICE AND PROCEDURE – supplementary expert reports not served in accordance with Court rules – no prior notice to defendant or application to court to adduce expert evidence – whether leave should be granted to plaintiff to rely on reports Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 59, 60 Evidence Act 1995 (NSW) s 138 Uniform Civil Procedure Rules 2005 (NSW) r 31.28 Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 315, 316, 318, 357 Cases Cited: Australian Winch & Haulage Company Pty Ltd v Collins [2013] NSWCA 327 Commonwealth Bank v Linvest (No.6) [2017] NSWSC 439 Gower v State of New South Wales [2018] NSWCA 132 Kubovic v HMS Management [2015] NSWCA 315 Ortlipp v Employers Mutual NSW Ltd as agent for the Workers Compensation Nominal Insurer [2014] NSWDC 157 Sohailee v City Projects and Developments Pty Ltd [2019] NSWSC 1452 Strasburger Enterprises Pty Ltd trading as Quix Foodstores v Serna [2008] NSWCA 354 Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Texts Cited: Nil Category: Procedural rulings Parties: Ms K Skinner (plaintiff) The State of New South Wales (defendant) Representation: Counsel: Mr C Hart and Mr G Schipp for the plaintiff Mr D Stanton for the defendant