Smith v Workers’ Compensation Nominal Insurer [2015] NSWSC 376

Supreme Court New South Wales

Medium Neutral Citation: Smith v Workers' Compensation Nominal Insurer [2015] NSWSC 376 Hearing dates: 2 April 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: I make the following orders under rule 31.26 Uniform Civil Procedure Rules 2005 (NSW): I grant leave to the cross defendant to lead evidence at the trial from Mr Burchett and Ms Farag notwithstanding that their evidence will touch upon issues that will be dealt with in the joint report of the medical practitioners. I direct that Dr Warwick Stening, neurosurgeon, participate in the conference between Professor Higgs, orthopaedic surgeon, and Dr Mullens, Orthopaedic Surgeon. I direct that experts confer by telephone and produce a joint report by close of business on 13 April 2015. I list the matter at 9 am on Tuesday 14 April 2015 to check the readiness of the parties to proceed to trial on 4 May 2015. Costs of today are costs in the cause. Catchwords: PROCEDURE – civil – case management – impact of r 31.26 UCPR on expert evidence of expert's not part of joint report Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Jimmy Smith (AKA Jamal Zreika) (plaintiff); The Workers' Compensation Nominal Insurer (defendant) Representation: Counsel: N. Galanopoulos (Plaintiff) P. Nathan (Defendant) R. Quigley (Cross Defendant)

Solicitors: Drexler & Partners (Plaintiff) Moray & Agnew (Defendant) Gadens Lawyers (Cross Defendant) File Number(s): 2013/129446