CVETKOVIC & ANOR v PAREXEL INTERNATIONAL PTY LIMITED & ANOR [2007] NSWSC 540

New South Wales Supreme Court

CITATION : CVETKOVIC & ANOR v PAREXEL INTERNATIONAL PTY LIMITED & ANOR [2007] NSWSC 540

HEARING DATE(S) : 30.1.06 to 3.2.06; 24.3.06; 21.8.06 to 25.8.06; 22.9.06; 26.9.06; 6.10.06

JUDGMENT DATE : 30 May 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : In relation to the notice of motion dated 18 September 2006 filed by the plaintiff I make the following orders and directions: (a) The application to "re-open" to set aside or vary the judgment entered on 24 August 2006 as sought in paragraph 1(a) of the notice of motion is dismissed. (b) A date for the plaintiffs to lodge their final written submissions be determined at the conclusion of evidence. (c) The application to adjourn proceedings for nine months to be stood over for further consideration at the conclusion of the evidence. (d) The application for further discovery from the defendants is refused. (e) The application that the plaintiffs be permitted to file further affidavits and call additional witnesses be stood over to the directions hearing referred to below. (f) The application to re-open the plaintiffs' case for the purpose of recalling Dr Peterson for cross-examination is granted, subject to any conditions and directions which the Court may determine in respect of such cross-examination. (g) Costs of the application be costs in the proceedings.; I re-list the proceedings for mention and directions before me at 9.30 am on Tuesday 5 June 2007

CATCHWORDS : PROCEDURE – Supreme Court procedure – New South Wales – Motions – Plaintiffs seek leave to re-open matter – Application to set aside judgment on application to amend pleadings to include estoppel claim – Application for further discovery – Application for leave to further cross-examine witness notwithstanding cross-examining party's voluntary withdrawal from the hearing – Relevant principles and discretionary considerations - CASE MANAGEMENT – Unrepresented litigants – Limit on cross-examination of witness and requirement of cross-examining party's statement of topics