Eyles v Hawkesbury Show Society [2022] NSWDC 418

District Court New South Wales

Medium Neutral Citation: Eyles v Hawkesbury Show Society [2022] NSWDC 418 Hearing dates: 14 September 2022 Date of orders: 19 September 2022 Decision date: 19 September 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [18] for orders Catchwords: PROCEDURE – refusal of application for preliminary discovery before action – applicant and her solicitor already held the requisite view that the proposed defendant was liable to the applicant for damages for personal injury due to alleged breach of duty of care – therefore relief claimed pursuant to UCPR r 5.2 and r 5.3 is contraindicated – alternative cost effective facilitative orders made in accordance with s 56 of the Civil Procedure Act 2005 (NSW), and the dictates of justice pursuant to s 58(2) of that Act Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 57, s 58(2) and s 98 Uniform Civil Procedure Rules 2005 (NSW), r 5.2 and r 5.3 Cases Cited: Contour Building and Construction Pty Ltd v Kerr [2008] NSWSC 883 Category: Procedural rulings Parties: Kim Eyles (Applicant) Hawkesbury Show Society (Respondent) Representation: Counsel: Mr M Lynch (Applicant) Ms L Doyle-Markwick (Respondent)

Solicitors: Gerard Malouf & Partners (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2022/157601 Publication restriction: None

Judgment

Summons 1. This is an application by summons filed by the applicant, Ms Kim Eyles, seeking orders for pre-action preliminary discovery of certain records held by the Hawkesbury Show Society concerning an injury she sustained at the Hawkesbury Showground on 20 April 2020. The application is made pursuant to Uniform Civil Procedure Rules 2005 (NSW), ("UCPR"), r 5.2 and r 5.3.