Matthew Heuston v Central Coast Leagues Club [2011] NSWDC 271

District Court New South Wales

Medium Neutral Citation: Matthew Heuston v Central Coast Leagues Club [2011] NSWDC 271 Hearing dates: 11 - 12 May 2011 Decision date: 13 May 2011 Before: Letherbarrow SC DCJ Decision: Defendant's application rejected Catchwords: Workers injury damages claim - Application to prohibit plaintiff from giving oral evidence not disclosed in pre-filing statement - statutory interpretation - purposive approach - claimant required to give "particulars" of the claim and "particulars" of the evidence sufficient to facilitate resolution prior to the commencement of the proceedings Legislation Cited: Workplace Injury Management and Workers Compensation Act, 1998, ss 315, 316, 317, 318 Workers Compensation Act, 1987, s151D Workers Compensation Commission Rules, R 17.3, 17.4 Interpretation Act, 1987, s33 Uniform Civil Procedure Rules, 2005, Part 31 Rule 31 Cases Cited: Strasburger Enterprises Pty Ltd trading as Quix Food Stores v Serna [2008] NSWCA 354 Papercoaters Pty Ltd v Jessop [2009] NSWCA 1 Kanwal v Fieldmarshall Security Pty Ltd & Anor (8 October 2010) Texts Cited: Second Reading of the Workers Compensation Legislation Further Amendment Bill (Legislative Assembly, Hansard, 28/11/2001 18961) Category: Procedural and other rulings Parties: Plaintiff: Matthew Heuston Defendant: Central Coast Leagues Club Representation: Plaintiff: Toomey Defendant: Graham Plaintiff: Beilby Poulden Costello Defendant: Bartier Perry File Number(s): 2010/99987