DC v State of NSW, TB v State of NSW (No. 5) [2013] NSWSC 1925

Supreme Court New South Wales

Medium Neutral Citation: DC v State of NSW, TB v State of NSW (No. 5) [2013] NSWSC 1925 Hearing dates: 31/10/2013 Decision date: 31 October 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) I order each of the plaintiffs to serve on the defendants on or before 4pm 7/11/13, answers to particulars requested, and a statement pursuant to r 15.12 of the UCPR setting out the claim for damages in respect of personal injuries made by each plaintiff accompanied by the documents specified in r 15.12(2)(a) and (b). (2) I order the defendants to file and serve any defence to the Further Amended Statement of Claim in each matter by 4pm 21/11/13. (3) I order pursuant to r 31.4 of the UCPR, that the plaintiffs in each matter are to serve on the defendants in each matter, all statements in writing of the oral evidence that the plaintiffs intend to adduce in chief on all questions of fact to be decided at the hearing on or before 4pm 31/1/14. (4) I order the plaintiffs in each matter to serve all expert reports on all issues upon which they intend to rely by 4pm 31/1/14. (5) I order the defendants to serve pursuant to r31.4 of the UCPR, statements in writing of the oral evidence which they intend to adduce in chief on all questions of fact to be decided at the hearing by 4pm 28/2/14. (6) I order the defendants to serve all expert reports on all issues upon which they propose to rely by 4pm 28/3/14. (7) I stand the proceedings over for directions to 4/4/14 at 9am before the Registrar. (8) I order that the proceedings numbered 2008/289326, in which the plaintiff is TB, and proceedings numbered 2008/2835, in which the plaintiff is DC, be heard together and the evidence in one proceeding be the evidence in the other proceeding. (9) Liberty to apply on 72 hours' notice. (10) I stand each the Motion filed on 1/10/13 over to 2pm on 15/11/13 before Garling J to enable defendants to bring in a form of order which they it seeks to be made and the documents referred to in my judgment, such documents to be served on the plaintiffs or before 4pm on 13/11/13. (11) I otherwise dismiss the each Motion of the defendants filed on 1/10/13. (12) I reserve all question of costs. Catchwords: PROCEDURE - application by defendant that plaintiffs submit to examination by consultant psychiatrist - where plaintiffs have already undergone psychiatric examination - where alternatively defendant relies on a single expert direction - where issues are complex and opinion may differ a single expert direction is inappropriate - where additional order under rule 23.4 Uniform Civil Procedure Rules 2005 is sought - where in weighing interests of both parties an order under r 23.4 is necessary to respond to expert opinion is appropriate Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: DC (Applicant/Plaintiff) (2008/289325) TB (Applicant) (20008/289326) State of NSW (Respondent/Defendant) Representation: Counsel: I Harvey (Applicant/Defendant) A S Morrison SC / K Pryde (Respondent/Plaintiff) Solicitors: Graham Jones Lawyers (Applicant/Plaintiff) Crown Solicitor's Office (NSW) (Respondent/Defendant) File Number(s): 2008/289325 2008/289326 Publication restriction: The Plaintiffs are to be referred to only by their initials.