George v Biggs & Anor (No 2) [2015] NSWDC 43

District Court New South Wales

Medium Neutral Citation: George v Biggs & Anor (No 2) [2015] NSWDC 43 Hearing dates: 2 April 2015 Date of orders: 17 April 2015 Decision date: 17 April 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. The interim stay previously ordered to expire at 4.00pm on 2 April 2015 is extended to 4.00pm on Monday 25 May 2015 pending any further order of the Court of Appeal in the event that a notice of appeal is filed;

2. In the event that no notice of appeal is filed before 25 May 2015, the stay the subject of Order 1 will discharge;

3. No later than 28 days after today's date, the defendants are to pay the witness expenses of Professor Havas in the assessed sum of $31,350 including GST to compensate him for the losses he has incurred in complying with the subpoena served on him on 29 August 2014;

4. The costs of the plaintiff's notice of motion filed on 1 April 2015, by which Order (3) above was sought, are to be paid by the defendants on the ordinary basis unless otherwise ordered;

5. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: PRACTICE & PROCEDURE – stay pending appeal; COSTS – expert witness expenses – defendants disputed expenses claimed by plaintiff's expert in complying with subpoena issued by defendants requiring the expert to attend the trial for cross-examination – application granted for the expenses of an expert witness to be paid by the defendants Legislation Cited: Civil Procedure Act 2005, s 3, s 16, s 56, s 58(1), s 62, s 97, s 98 Legal Profession Act 2004, s 364 Uniform Civil Procedure Rules 2005, r 31.31, r 33.11 Cases Cited: Alexander v Cambridge Credits Corporation Limited 2 [1985] 2 NSWLR 685 Danieletto v Khera (1995) 35 NSWLR 684 Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204 Foyster v Foyster Holdings [2003] NSWSC 881 George v Biggs & Anor [2015] NSWDC 11 J Aron Corporation v Newmont Yandal Operations [2004] NSWSC 996 Re Dovico; Ex Parte Mayne Wetherall [2012] NSWSC 823 Category: Procedural and other rulings Parties: Sandra George (Plaintiff) Nigel Biggs (First defendant) St Vincent's Hospital Sydney Limited (Second defendant) Representation: Counsel: Mr J Anderson (Plaintiff) Ms L Young (Defendants)