Tam v Super Seasons Pty Ltd [2022] NSWSC 1366

Supreme Court New South Wales

Medium Neutral Citation: Tam v Super Seasons Pty Ltd [2022] NSWSC 1366 Hearing dates: 10 October 2022, 11 October 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Common Law Before: Garling J Decision: See [31] Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Late amendment of pleadings by second defendant — Related administrative decision by second defendant to be challenged by plaintiff in separate judicial review proceedings — Time and costs of hearing and preparation wasted — Second defendant ordered to pay costs on an indemnity basis Legislation Cited: Uniform Civil Procedure Rules 2005 r 14.14(2) Cases Cited: Not applicable Texts Cited: Not applicable Category: Procedural rulings Parties: Ching Tam (P) Super Seasons Pty Ltd (D1) Victorian WorkCover Authority (D2) Representation: Counsel: R Sheldon SC / A Parker (P) J Sexton SC / M Hamdan (D1) P J Hayes KC / I L Griscti (D2)

Solicitors: Shanahan Tudhope Lawyers (P) Holman Webb (D1) Lander & Rogers (D2) File Number(s): 2020/56877 Publication restriction: Not applicable

EX TEMPORE Judgment 1. These proceedings were listed for a final hearing to commence on 10 October 2022, with an estimated duration of 10 hearing days. The proceedings had been case managed by Cavanagh J on two occasions - in May and June 2022. 2. Last week the proceedings came before the Chief Judge at Common Law, when further issues were raised including a possible issue in these proceedings as to the lawful basis upon which the NSW insurance fund, commonly known as iCare, might be entitled to recover approximately $1.7 million which it had paid to the plaintiff, or on his behalf, by way of costs and expenses incurred by him as a consequence of the accident which he suffered and upon which these proceedings are brought. 3. An application is now made for an adjournment of the hearing of the proceedings. 4. It is necessary to give a little context to the matter with which I am about to deal and to outline a few facts which I do for the purpose of this application and on the basis of the limited material before me.