PAO v Thomas William Grealy [2013] NSWSC 675

Supreme Court New South Wales

Medium Neutral Citation: PAO v Thomas William Grealy [2013] NSWSC 675 Hearing dates: 29 May 2013 Decision date: 30 May 2013 Jurisdiction: Common Law Before: Harrison J Decision: 1. Plaintiff's notice of motion filed 9 May 2013 is dismissed. 2. Direct the plaintiff to serve statements from all witnesses that are to be called at the trial within seven days. 3. Direct the defendants to serve statements from all witnesses that are to be called at the trial within 14 days thereafter. 4. Grant liberty to the parties to approach the List Manager with a view to obtaining a hearing date with an estimate of two weeks. 5. Order that the costs of this application be the plaintiff's costs in the proceedings. Catchwords: PRACTICE - order for examination of witnesses - UCPR 24.3 - whether aged and frail witnesses should give evidence in advance of the trial - where evidence in chief to be by way of witness statements - where defendants oppose orders sought - where no utility for the orders demonstrated Legislation Cited: Uniform Civil Procedure Rules 24.3 Category: Procedural and other rulings Parties: PAO (Plaintiff) Thomas William Grealy (First Defendant) Trustees of the Roman Catholic Church for the Archdiocese of Sydney (Second Defendant) Trustees of the Patrician Brothers (Third Defendant) Aengus Kavanagh as administrator of the estate of the late Celestine Mulhall (Fourth Defendant) Patrick Lovegrove (Fifth Defendant) Aengus Kavanagh (Sixth Defendant) Aengus Kavanagh as administrator of the estate of the late Dominic Coates (Seventh Defendant) Aengus Kavanagh as administrator of the estate of the late Vianney Foyle (Eighth Defendant) Stephen Aitken (Ninth Defendant) Representation: Counsel: A J Bartley SC with L Whalan (Plaintiff) C P O'Neill (Second to Ninth Defendants) Solicitors: Porters Lawyers (Plaintiff) Colin Biggers & Paisley (Second to Ninth Defendants) File Number(s): 2010/13389 Publication restriction: Nil