Davies v State of New South Wales [2013] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: Davies v State of New South Wales [2013] NSWSC 1277 Hearing dates: 26 August 2013 Decision date: 27 August 2013 Jurisdiction: Common Law Before: Hall J Decision: Application for review of Registrar's decision refused Catchwords: PROCEDURE - application for review of Registrar's decision ordering plaintiff to attend medical examination - where plaintiff already assessed on behalf of defendant by a consultant psychiatrist - where plaintiff had been examined by a highly experienced medical expert whose report had been served on defendant prior to plaintiff being assessed by the specialist psychiatrist on behalf of defendant - whether Registrar made decision without evidence that a second medical examination was necessary - issue of causation of plaintiff's conditions complex - Registrar's decision based upon a broad basis, namely that as causation was a complex matter, it was open to him to have regard to the nature of the central issue in the proceedings in deciding that an order should be made permitting the defendant to have a second examination undertaken by a different specialist - no House v The King error demonstrated - application refused Legislation Cited: Uniform Civil Procedure Rules, r 23.4; r 31.17 Cases Cited: House v The King Tomko v Palasty (No 2) [2007] NSWCA 369 Category: Interlocutory applications Parties: Christopher Davies (Plaintiff/Applicant) State of New South Wales (Defendant/Respondent) Representation: Counsel: A Naylor (Plaintiff/Applicant) M Hutchings (Defendant/Respondent) Solicitors: Kim Smith & Associates (Plaintiff/Applicant) McCabes (Defendant/Respondent) File Number(s): 2012/88028