Millington v. Coastal Steel Fabrications Pty Ltd [2013] NSWSC 841

Supreme Court New South Wales

Medium Neutral Citation: Millington v. Coastal Steel Fabrications Pty Ltd [2013] NSWSC 841 Hearing dates: 24 June 2013 Decision date: 24 June 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1)The proceedings are adjourned and the time set aside for hearing vacated. (2)I list the proceedings for directions before me at 9.30am on 15 July 2013. (3)I direct that matter number 2013/95068 be listed for directions before me at the same time on the same date. (4)I direct the defendant's solicitor to notify the plaintiff's solicitors in that matter of my direction within seven days. (5)I grant leave to the defendant to arrange medical examinations with a neurologist, a psychiatrist, and a specialist in pain management. (6)I grant leave to the plaintiff to serve any report from Dr Fritsch, Dr Dubossarky, and Dr Spencer if so advised on or prior to 15 July 2013. (7)I grant leave to the plaintiff to serve a report from a neurologist if so advised. (8)I return exhibit A to the plaintiff and each court book to the party proffering it. (9)I reserve the question of costs thrown away by reason of this adjournment. (10)Leave to each party to arrange refresher examinations with each qualified doctor from whom a report has been served in the proceedings with a view to obtaining a supplementary report for service Catchwords: PRACTICE AND PROCEDURE-adjournment of civil trial-late discovery of pertinent medical evidence-no question of principle Legislation Cited: Civil Procedure Act 2005 Workers Compensation Act 1987 Cases Cited: NA Texts Cited: NA Category: Interlocutory applications Parties: Roy Millington (Plaintiff) Coastal Steel Fabrications Pty Ltd (Defendant) Representation: Counsel: L. King SC with H Chiu and J. Lee (Plaintiff) P. Morris SC with R. Perla (Defendant) Solicitors: Carroll & O'Dea (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2011/00403007