Kiely v AAT Port Kembla [2016] NSWSC 66

Supreme Court New South Wales

Medium Neutral Citation: Kiely v AAT Port Kembla [2016] NSWSC 66 Hearing dates: 1; 2; 3; 4; 5 February 2016 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)The matter is adjourned for further hearing before me on Thursday 28 April 2016 with an estimate of one day plus. (2)That the parties' rehabilitation medicine specialists, Dr Jones and Dr Ho, are to re confer and produce a supplementary joint report prepared in accordance with UCPR, r 31.26(2) by 19 February 2016. In that conference, the experts are to consider the additional material provided under cover of, and the questions raised by, the letter drafted by counsel, as settled by me and initialled by me, dated today. (3)List the matter for directions, and to check readiness to proceed, before me at 9.30am on 23 February 2016. (4)The defendant is to serve any witness statement concerning the circumstances in which it agreed "without admission of liability" to indemnify the worker's compensation insurer in respect of worker's compensation to, for or on behalf of Mr Kiely by Thursday 24 March 2016. (5)Plaintiff to have liberty to apply in chambers for short service of any subpoenas necessitated by the service of any such evidentiary statement as contemplated by o 4. (6)The costs of the hearing to date are costs in the cause. Catchwords: PROCEDURE – Miscellaneous procedural matters – other matters EXPERT EVIDENCE – joint expert report – procedure – when one expert changes mind – supplementary report Category: Procedural and other rulings Parties: John Kiely (Plaintiff) AAT Port Kembla Pty Ltd (Defendant) Representation: Counsel: D. Hooke SC (with G Smith) (Plaintiff) G. Parker SC (Defendant) Solicitors: Lough & Wells Lawyers (Plaintiff) HWL Ebsworth Lawyers (Defendant) File Number(s): 2014/61222