Toohey v Richard Crookes Constructions Pty Limited [2023] NSWSC 805

Supreme Court New South Wales

Medium Neutral Citation: Toohey v Richard Crookes Constructions Pty Limited [2023] NSWSC 805 Hearing dates: 14 April 2023 Date of orders: 11 July 2023 Decision date: 11 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is granted leave to file and serve the proposed further amended statement of claim within 14 days (2) The plaintiff is granted leave to rely on the report of Deborah Hall dated 15 September 2021 pursuant to s 318(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (3) The second defendant is to pay the plaintiff's costs Catchwords: CIVIL PROCEDURE – originating process – amendment – leave to rely on expert report – whether there is a material change between amended statement of claim and proposed amended statement of claim – no material change – leave granted to rely on expert report Legislation Cited: Civil Liability Act 2002 (NSW) s 64 Workers Compensation Act 1997 (NSW) ss 151A, 151D Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 254, 262, 315, 316 and 318 Cases Cited: Hall v Ecoline Pty Ltd t/as Treetop Adventure Park [2018] NSWSC 1732 Kubovic v HMS Management Pty Ltd [2015] NSWCA 315 Paper Coaters Pty Limited v Jessop [2009] NSWCA 1 Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 Strasburger Enterprises Pty Ltd t/a Quix Food Stores v Serna [2008] NSWCA 354 Witkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Category: Procedural rulings Parties: Mark Anthony Toohey (Plaintiff) Richard Crookes Constructions Pty Limited (First Defendant) Lack Group Constructions Pty Ltd (Second Defendant) Representation: Counsel: P Mooney SC (Plaintiff) D O'Dowd (First Defendant) S Flett (Second Defendant)