NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: George Weston Foods Limited v Heat and Control Pty Ltd [2023] NSWSC 655 Hearing dates: 07 June 2023 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff's Notice of Motion of 28 March 2023 dismissed with costs Catchwords: CIVIL PROCEDURE – court administration – case management – where proceedings pending in Commercial List and Common Law Division arising out of same industrial accident – whether proceedings should be heard together – factors pointing in favour of concurrent hearing – possibility of inconsistent findings – other factors pointing against concurrent hearing – desirability that the two proceedings be case managed so as to avoid possibility of inconsistent findings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Category: Procedural rulings Parties: George Weston Foods Limited (Plaintiff/Applicant) Heat and Control Pty Ltd (Defendant/First Respondent) Marijana Ljubicic (Second Respondent) Representation: Counsel: O Jones (Plaintiff/Applicant) C Farah and M Collins (Defendant/First Respondent) J C Lee (Second Respondent)
Solicitors: HWL Ebsworth (Plaintiff/Applicant) Barry.Nilsson Lawyers (Defendant/First Respondent) Carroll & O'Dea Lawyers (Second Respondent) File Number(s): 2022/209624
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