NSW Caselaw
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 (No. 2) [2024] NSWSC 1633 Hearing dates: 10 December 2024 Date of orders: 10 December 2024 Decision date: 20 December 2024 Jurisdiction: Common Law Before: Lonergan J Decision: The defendant's application to tender seven historical affidavits is refused. Catchwords: CIVIL PROCEDURE – forensic decisions – lost documents – non-compliance with subpoena to defendant filed in 2021 – pursued repeatedly to produce contemporaneous statements and investigation reports – not a new issue – ss 56 to 60 Civil Procedure Act not empty incantations – compliance with Practice Note SC CL 1 not optional – defendant too late to re-engineer its case – trial by ambush not permitted Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: 2021/00038170 Nathan John Brumby (Plaintiff) Mt Arthur Coal Pty Ltd (Defendant)
2020/00149934 (Workers Compensation recovery proceedings) Ready Workforce (A Division of Chandler MacLeod) Pty Ltd (Plaintiff) Mt Arthur Coal Pty Ltd (Defendant) Representation: 2021/00038170
Counsel: B Dooley SC with P O'Rourke (Plaintiff) P.M. Morris SC with A Schonell (Defendant)
Solicitors: Whitelaw McDonald Lawyers (Plaintiff) HWL Ebsworth Lawyers (Defendant)
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