Brumby v Mt Arthur Coal Pty Ltd; Ready Workforce (A Division of Chandler MacLeod) Pty Ltd v Mt Arthur Coal Pty Ltd [2024] NSWSC 1626

Supreme Court New South Wales

Medium Neutral Citation: Brumby v Mt Arthur Coal Pty Ltd; Ready Workforce (A Division of Chandler MacLeod) Pty Ltd v Mt Arthur Coal Pty Ltd [2024] NSWSC 1626 Hearing dates: 6 December 2024 Date of orders: 6 December 2024 Decision date: 18 December 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Refuse leave for the defendant to rely on the report provided by chiropractor, Dr Elliott, to the solicitors for the defendant on 28 October 2024. (2) Refuse leave to the defendant to call Dr Elliott to give evidence in the proceedings. Catchwords: CIVIL PROCEDURE – where defendant's solicitor sought an expert report from plaintiff's treating chiropractor close to the trial date – where plaintiff's treating chiropractor had been subpoenaed to give evidence – where chiropractor under mistaken impression provision of report for defendant's solicitor "adhered to the legal obligations imposed by the subpoena" – no waiver of patient/chiropractor privilege – where no evidence was provided as to why there was not earlier investigation by subpoena – expert report not allowed to be tendered by defendant – oral evidence of chiropractor not permitted to be called by defendant Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2008] NSWCA 243 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116; [2001] NSWCA 346 White v Overland [2001] FCA 1333 Category: Procedural rulings Parties: 2021/00038170 Nathan John Brumby (Plaintiff) Mt Arthur Coal Pty Ltd (Defendant)