Onus v Telstra Corporation Limited [2010] NSWSC 1146

New South Wales Supreme Court

CITATION : Onus v Telstra Corporation Limited [2010] NSWSC 1146 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 3/09/2010

JUDGMENT DATE : 3 September 2010

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 3 September 2010

DECISION : 1. The application for the orders sought in the notice of motion is refused.

CATCHWORDS : PROCEDURE - interlocutory issues - notice of motion - orders for inspection - whether view would facilitate just, quick and cheap resolution of the real issues

LEGISLATION CITED : Civil Procedure Act Evidence Act

CATEGORY : Procedural and other rulings

PARTIES : Grahame Onus (Plaintiff) Telstra Corporation Limited (Defendant)

FILE NUMBER(S) : SC 2010/260963

COUNSEL : Mr J McCarthy QC and Mr J O'Sullivan (Plaintiff) Ms S Duggan and Ms M McMahon (Defendant)

SOLICITORS : Lyons & Lyons (Plaintiff) Mallesons Stephen Jaques (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PRICE J 3 September 2010 2010/260963 Onus v Telstra Corporation Limited JUDGMENT 1 HIS HONOUR: This is a notice of motion in which the plaintiff relevantly seeks the following orders: "A. That pursuant to section 53 of the Evidence Act 1995, an inspection be undertaken...by the parties, their legal representatives and the experts retained by them in these proceedings and such members and officers of the Court as the Court thinks fit, of the premises known as "The Oaks Airport" located at The Oaks in the State of New South Wales and of the premises of the Oaks Volunteer Rural Fire Brigade located at Mcintosh Street, The Oaks; B. That at the Inspection, pursuant to section 53 of the Evidence Act 1995, the plaintiff demonstrate to the defendant, its legal representatives and experts retained in these proceedings and such members and officers of the Court as the Court thinks fit, the following procedures being undertaken by a light aircraft of up to 4 seat capacity; (a) simulated baulked approach and go-around;