Khanna v Woolworths Group Limited (ABN: 88 000 0146 75) [2021] NSWDC 427

District Court New South Wales

Medium Neutral Citation: Khanna v Woolworths Group Limited (ABN: 88 000 0146 75) [2021] NSWDC 427 Hearing dates: 19 August 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The Notice of Motion filed by the plaintiff on 7 July 2021 is dismissed; (2) The plaintiff is to pay the defendant's costs of the Notice of Motion filed on 7 July 2021 as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – interrogatories – personal injuries claim – need for special reasons – proposed interrogatories also seek documents – oral evidence in case concluded – issue of further delay Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: El Hayek v Vasic [2010] NSWSC 1498 McCallum v Reynolds [2016] NSWSC 366 Category: Procedural rulings Parties: Sanjeev Khanna (Plaintiff) Woolworths Group Limited (ABN: 88 000 0146 75) (Defendant) Representation: Counsel: R Gambi (Defendant)

Solicitors: In Person (Plaintiff) HBA Legal (Defendant) File Number(s): 2019/00030652 Publication restriction: No

EX TEMPORE Judgment 1. Before the court for determination, is a Notice of Motion filed 7 July 2021 by the plaintiff seeking, in substance, orders to allow the issue of interrogatories to various persons being: 1. The Director and Proper Officer of the defendant, Woolworths Group Limited; 2. Ms Emily Gibson, a solicitor working for the solicitors for the defendant, in relation to her affidavit affirmed on 5 March 2021; 3. Mr David Zammit, who was an Assistant Store Manager at the defendant's Masters Home Improvement store on the day of the plaintiff's accident on 18 April 2015; 4. Dr Frank Machart, a specialist orthopaedic surgeon, who has prepared a medico-legal report relied upon by the defendant; and 5. Dr Doran Samuell, a psychiatrist, who has prepared a medico-legal report also relied upon by the defendant. 1. In support of the Notice of Motion, the plaintiff has read an affidavit of his affirmed 7 July 2021. Mr Khanna appeared for himself at the hearing of the Notice of Motion. Mr Gambi of counsel appeared for the defendant. 2. In his later submissions, the plaintiff states that he no longer seeks leave to administer interrogatories to Mr David Zammit. He has also not produced any proposed interrogatories to Dr Samuell. In oral submissions, Mr Khanna confirmed that interrogatories were not sought in relation to Dr Samuell. 3. In relation to the proposed interrogatories attached to Mr Khanna's 14 August 2021 submissions, these are directed to: 1. The Director or Proper Officers of "Public Liability and Administration", it seems of the defendant; 2. Ms Emily Gibson, the employed solicitor at the solicitors for the defendant; and 3. Dr Frank Machart.