Donald v Rail Corporation of New South Wales [2015] NSWSC 1057

Supreme Court New South Wales

Medium Neutral Citation: Donald v Rail Corporation of New South Wales [2015] NSWSC 1057 Hearing dates: 20; 21; 22; 23 July 2015 Date of orders: 23 July 2015 Decision date: 23 July 2015 Jurisdiction: Common Law Before: Campbell J Decision: The matter is adjourned and fixed for further hearing before me at 10am on 2 November 2015 with an estimate of five days plus; The plaintiff is to serve either a statement of Albert Price, if he will cooperate, or, a narrative of his expected evidence if he will not, and any supplementary statement from Ms Stevens on the first and second defendants by 20 August 2015; The defendants are to serve any supplementary evidence arising out of material served by the plaintiff or the course of the evidence during this hearing by 17 September 2015; Fix the matter for directions before me at 9.30am on 27 August 2015. Catchwords: PROCEDURE – civil – application of adjournment – subpoena of lay witness by plaintiff – where case has no prospect of finishing within time estimate

COSTS – application for plaintiff to pay costs thrown away by adjournment – costs reserved until further evidence is heard Legislation Cited: Civil Procedure Act 2005 (NSW); Workplace Injury Management and Workers Compensation Act 1998 (NSW) Category: Procedural and other rulings Parties: Alan Donald (Plaintiff) Rail Corporation of New South Wales (First defendant) Staff Innovations Pty Ltd t/as Banford Family Trust (Second defendant) Representation: Counsel: DR Campbell SC with S Longhurst (Plaintiff) RJ Burbidge QC with A Casselden (First defendant); M Windsor SC with R Perla (Second defendant)