NSW Caselaw
New South Wales Supreme Court
CITATION : Donald v Kent & Ors [2002] NSWSC 690 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20214/01 HEARING DATE(S) : 2 August 2002 JUDGMENT DATE : 2 August 2002
Ms Catherine Clare Donald PARTIES : Dr Chester Kent Northern Sydney Area Health Service Dr Carol Pollock JUDGMENT OF : Sperling J at 1
COUNSEL : Mr R O'Keefe for the Plaintiff Mr G Gemmell for the Second Defendant Slater & Gordon Lawyers for the Plaintiff SOLICITORS : Blake Dawson Waldron for the First Defendant Government Insurance Office of NSW for the Second Defendant Ebsworth & Ebsworth for the Third Defendant CATCHWORDS : Interrogatories - costs - no question of principle DECISION : (1) The second defendant is to answer the plaintiff's notice to answer the amended interrogatories by 30 August 2002; (2) The parties have liberty to apply on one day's notice.
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Professional Negligence Lis t
Sperling J
Friday, 2 Aug 2002
20214/01 Catherine Clare Donald v Dr Chester Kent & 2 Ors
Judgment 1 His Honour: Mediation has been fixed for 12 September 2002. There is no agreement as to the form of interrogatories to be answered by the second defendant at the request of the plaintiff. The plaintiff asks for an order that the interrogatories be answered by 30 August allowing fourteen days for final preparation of the plaintiff's position paper. It will be necessary for the defendant to contact four persons who are no longer in the employment of the second defendant, raising some uncertainty about the practicability of answers by the date sought. 2 I propose to make the order that is sought but to give liberty to the second defendant to apply for an extension at that time in the event that best efforts do not make answer by that date practicable. 3 If that liberty to apply is to be exercised, it should be done by notice to my associate and I will list the matter before me one morning at 9.15am. 4 I make the following orders:
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