Hamilton v State of New South Wales [2013] NSWSC 1437

Supreme Court New South Wales

Medium Neutral Citation: Hamilton v State of New South Wales [2013] NSWSC 1437 Hearing dates: 19 September 2013 Decision date: 30 September 2013 Before: Bellew J Decision: 1.The matter is listed for further directions at 9.30 am on Friday 4 October 2013, at which time the parties are to bring in Short Minutes of Order reflecting the conclusion I have reached. Catchwords: PRACTICE AND PROCEDURE - application by defendant for an order that the plaintiff submit to MRI examination - where plaintiff alleged post concussional syndrome and cognitive impairment - where onset of cognitive impairment was late - where previous MRI scan evidenced cerebral shrinkage - where order sought so as to allow the defendant to investigate the presence of cerebral pathology unrelated to the accident

EVIDENCE - evidence in support of application for an order that the plaintiff submit to MRI examination - evidence sufficient to establish that the proposed testing may throw light on the issues

EVIDENCE - admissibility of hearsay evidence on interlocutory applications - whether exception extends to hearsay evidence of expert opinion Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules (NSW) Evidence Act 1995 (NSW) Cases Cited: Boral Transport Pty Limited Gulic [2013] NSWCA 150 GB v Western Sydney Area Health Service [2010] NSWSC 181 KF by her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and anor [2010] NSWSC 891 Portal Software International Pty Limited v Bodsworth [2005] NSWSC 1115 Rowlands v State of NSW [2009] NSWCA 136; (2009) 74 NSWLR 715 Terranora Group Management Pty Limited v Terranora Lakes Country Club Limited (in liq) (SC (NSW) 1 December 1997 Santow J unreported) Texts Cited: Uniform Evidence Law (9th Edition) - Odgers Category: Interlocutory applications Parties: Thomas David Hamilton - Plaintiff State of New South Wales - Defendant Representation: Mr D Morgan - Plaintiff Mr S Woods - Defendant Garling Lawyers - Plaintiff Makinson & d'Apice Lawyers - Defendant File Number(s): 2012/185616 Publication restriction: Nil