Kovacevic v Coleman [2015] NSWSC 1939

Supreme Court New South Wales

Medium Neutral Citation: Kovacevic v Coleman [2015] NSWSC 1939 Hearing dates: 8 December 2015 Date of orders: 08 December 2015 Decision date: 08 December 2015 Jurisdiction: Common Law Before: Campbell J Decision: Application refused and decline to exercise discretion to require the plaintiff to give his evidence in chief orally Catchwords: CIVIL – evidentiary statement of plaintiff – objection to statement standing as evidence in chief – where no direction made under r 31.4 UCPR – whether Practice Note CL5 stands as a direction for purpose of the rules – application of just, quick and cheap principles

CIVIL – evidentiary statement of plaintiff – objection to statement standing as evidence in chief – exercise of powers to control proceedings whether evidence should be given orally – where there is substantial issue as to plaintiff's credit Legislation Cited: Civil Procedure Act 2005 (NSW); Uniform Civil Procedure Rules 2005 (NSW) Texts Cited: Supreme Court Practice Note CL5 Category: Procedural and other rulings Parties: Jamie Kovacevic (Plaintiff); Colemans Group (Australia) Pty Ltd (First Defendant); Workers Compensation Nominal Insurance (Second Defendant) Representation: Counsel: G.R. Graham (Plaintiff) G. Laughton SC with A. Parker (First Defendant) I. Roberts SC with A. Combe (Second Defendant)

Solicitors: Peter Rugerri & Associates (Plaintiff) Hicksons Lawyers (First Defendant) Rankin Ellison Lawyers (Second Defendant) File Number(s): 2012/387889