Ljubicic v Heat and Control Pty Ltd [2023] NSWSC 982

Supreme Court New South Wales

Medium Neutral Citation: Ljubicic v Heat and Control Pty Ltd [2023] NSWSC 982 Hearing dates: 11 August 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) pursuant to s 318 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), leave is granted to the plaintiff to rely on the report of Mr Luke Murphy dated 5 October 2022; (2) pursuant to r 64 of the Uniform Civil Procedure Rules 2005 (NSW), leave is granted to the plaintiff to file the further amended statement of claim; (3) see para [78] for further case management orders. Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – where plaintiff seeks to amend particulars – where plaintiff seeks to rely on an expert report received after pre-filing statement – s 318 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) – meaning of "materially different" to pre-filing statement – meaning of "the material concerned" which was not reasonably available to the party at the time of the pre-filing statement – whether the substance of the material was reasonably available at the time of the pre-filing statement Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW), s 192A Uniform Civil Procedure Rules, r 64 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 316, 318 Cases Cited: Petreski v The Ors Group Pty Ltd [2019] NSWDC 417 Skinner v The State of New South Wales [2021] NSWDC 36 Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 Category: Principal judgment Parties: Marijana Ljubicic (Plaintiff) Heat and Control Pty Limited ACN 009 742 803 (First Defendant) George Weston Foods Limited ACN 008 429 632 (Second Defendant) Representation: Counsel: Mr P Semmler OAM KC with Mr J Lee (Plaintiff) Mr G Newton (Second Defendant)