Marks v Berri Pty Limited [2024] NSWDC 279

District Court New South Wales

Medium Neutral Citation: Marks v Berri Pty Limited [2024] NSWDC 279 Hearing dates: 20 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Civil Before: Dicker SC DCJ Decision: 1. The application by the plaintiff to fix the final hearing of the proceedings commencing 11 November 2024 in Wagga Wagga for five days is granted; 2. The costs of the application are to be costs in the cause; 3. The Notice of Motion filed 3 June 2024 seeking an extension under s 151D of the Workers Compensation Act 1987 (NSW) is fixed for hearing on 11 October 2024 with an estimate of half a day; 4. Any Notice of Motion to be filed by either party seeking leave to rely on fresh evidence is to be filed and served by 23 July 2024 returnable before the list judge for directions on 29 July 2024 at 9.30am; 5. The listing before the Judicial Registrar on 21 June 2024 is vacated; 6. The parties are to attend a mediation before 20 September 2024; 7. Liberty to apply on two business days' notice. Catchwords: PRACTICE AND PROCEDURE – application to move venue for final hearing – relevant factors Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Church v Barnett (1871) LR 6 CP 116 Fraser v Health Care Corporation Pty Ltd [2016] NSWDC 39 Kings Cross Whisper Pty Ltd v O'Neill [1968] 2 NSWR 4 Category: Procedural rulings Parties: Ricky James Marks (Plaintiff) Berri Pty Limited (Defendant) Representation: Solicitors: Turner Freeman Lawyers (Plaintiff) Hall and Wilcox (Defendant) File Number(s): 2024/00080744 Publication restriction: No