De Gelder v Rodger (No 3) [2014] NSWSC 1851

Supreme Court New South Wales

Medium Neutral Citation: De Gelder v Rodger (No 3) [2014] NSWSC 1851 Hearing dates: 17 December 2014 Decision date: 17 December 2014 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) Order number 2 made on 3 October 2014 is stayed pending the final determination of the Court of Appeal in Matter No 2014/321789 ("the appeal"). (2) The stay is conditional upon the first defendant making an application for expedition of the hearing of the appeal and prosecuting the appeal with due dispatch. (3) Costs are reserved pending resolution of the appeal. Catchwords: CIVIL LAW - application for a stay of orders Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: De Gelder v Rodger & Ors (No 2) [2014] NSWSC 1355 De Gelder v Motor Accidents Authority of NSW [2009] NSWSC 1173 Rodger v De Gelder & Anor [2011] NSWCA 97; 80 NSWLR 594 Frith v Sipple (Court of Appeal (NSW),11 September 1978, unrep) De Gelder v Rodger [2014] NSWSC 872 Texts Cited: Ritchie's Uniform Civil Procedure Law Category: Interlocutory applications Parties: Plaintiff: Adam Roy De GelderFirst Defendant: James Norman Barr RodgerSecond Defendant: Motor Accidents Authority of New South WalesThird Defendant: Mark Burns, John Carter and Scott Harbison, in their capacity as a "medical assessors review panel" of the Motor Accidents Authority of New South Wales Representation: Counsel:P Semmler QC (Plaintiff)A Canceri (Plaintiff)M Robinson SC (First Defendant)A Poljak (First Defendant) Solicitors: CMC Lawyers (Plaintiff)Curwoods Lawyers (First Defendant)NSW Crown Solicitors (Second and Third Defendant) File Number(s): 2014/130575 Publication restriction: Nil