Julia Farr Services Incorporated v. Hayes [2003] NSWCA 1

New South Wales Court of Appeal

CITATION : Julia Farr Services Incorporated v. Hayes [2003] NSWCA 1 HEARING DATE(S) : 15 January 2003 JUDGMENT DATE : 15 January 2003

JUDGMENT OF : Hodgson JA at 1 DECISION : 1. I order that this appeal be expedited, but at this stage not to the extent of being heard during vacation or to the extent of displacing other cases fixed for hearing. 2. I tentatively allocate 13 and 14 February 2003 for the hearing of the appeal. 3. I order that the appellant compile requisite appeal books on or before 22 January 2003, and file and serve written submissions on or before 28 January 2003. 4. I order that the respondent file and serve written submissions on or before 3 February 2003. 5. I order that the appellant give notice under s.78B of the Judiciary Act on or before 20 January 2003. 6. The costs of this application will be costs in the appeal. 7. I direct that the written submissions need not be included in the Orange Book. 8.I direct the parties to approach the President in the last week of vacation to confirm the hearing dates or to obtain alternative dates.

CATCHWORDS : APPEAL - Expedition - Plaintiff's estate not entitled to future economic loss if plaintiff dies before hearing - Whether extreme expedition justified PARTIES : Julia Farr Services Incorporated - appellant Ethel Barbara Hayes - respondent FILE NUMBER(S) : CA 40011/03 COUNSEL : Mr. M. Joseph SC with Mr. A. Naylor for claimant/respondent Mr. A. Andersen (s) for opponent/appellant SOLICITORS : Church & Grace, Sydney for appellant Alex Stuart & Associates, Sydney for respondent

LOWER COURT Dust Diseases Tribunal JURISDICTION : LOWER COURT DDT329/02 FILE NUMBER(S) : LOWER COURT Maguire J JUDICIAL OFFICER :