Fogg v Kane Constructions (NSW) Pty Limited and Anor; Fogg v Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast) (No. 2) [2014] NSWSC 1820

Supreme Court New South Wales

Medium Neutral Citation: Fogg v Kane Constructions (NSW) Pty Limited and Anor; Fogg v Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast) (No. 2) [2014] NSWSC 1820 Hearing dates: 3 February 2014 Decision date: 03 February 2014 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Plaintiff is granted leave to reopen his case to call the evidence of Robert Jason Cady. 2. The Plaintiff is granted leave to serve and rely on the evidentiary statement of Robert Jason Cady dated 3 February 2014. 3. Costs of application reserved. Catchwords: PRACTICE AND PROCEDURE - claim for damages for personal injury - application by Plaintiff to reopen case to call further witness - discretionary considerations - application allowed Legislation Cited: Civil Procedure Act 2005 Cases Cited: --- Texts Cited: --- Category: Procedural and other rulings Parties: Arthur Brent Fogg (Plaintiff)

Kane Constructions (NSW) Pty Limited (First Defendant in 2011/316330)

Hutchison Construction Services Pty Limited (Second Defendant in 2011/316330)

Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast) (Defendant in 2012/241074) Representation: Counsel: Mr HJ Marshall SC; Mr GJ Smith (Plaintiff) Mr RJ Cheney SC (Kane Constructions (NSW) Pty Limited) Mr NJ Polin (Hutchison Construction Services Pty Limited) Mr PA Rickard (Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast)) Solicitors: Lough & Wells (Plaintiff) Lee & Lyons Lawyers (Kane Constructions (NSW) Pty Limited) Moray & Agnew (Hutchison Construction Services Pty Limited) Goldbergs Lawyers (Les Quatre Musketeers Pty Ltd (t/as Plastamasta South Coast)) File Number(s): 2011/316330; 2012/241074 Publication restriction: Nil