Fraser v Health Care Corporation Pty Ltd [2016] NSWDC 39

District Court New South Wales

Medium Neutral Citation: Fraser v Health Care Corporation Pty Ltd [2016] NSWDC 39 Hearing dates: 7 March 2016 Date of orders: 07 March 2016 Decision date: 15 March 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's notice of motion dismissed. (2) Defendant is to pay the plaintiff's costs of the notice of motion. (3) Matter listed for hearing to commence in the 8 August 2016 sittings. (4) The parties are to serve a chronology and statement of issues, agree on a tender bundle, and to provide these to the court 7 days prior to the sitting commence. (5) The parties are to give consideration to concurrent evidence if appropriate. (6) Note - Parties agree no further medical evidence may be served without leave of the court. Matter listed on the 6 June 2016 for directions only, in the event that either side may wish to seek leave to file updating medical evidence. Catchwords: PRACTICE AND PROCEDURE – application for change of venue pursuant to r 8.2(1) Uniform Civil Procedure Act 2005 (NSW) – proceedings ready to take a hearing date in country registry – application to transfer proceedings to Sydney Registry to suit convenience of expert witnesses and counsel – applicability of case management principles to change of venue – availability of alternatives to viva voce evidence by expert witnesses – speedier trial date in country registry – application for change of venue refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62 Uniform Civil Procedure Rules 2005 (NSW), r 8.2(1) Cases Cited: Arnoldus-Lewis v Murphy t/as North Coast Investigations [2008] NSWSC 1103 Director of Public Prosecutions v Alexander (1993) 33 NSWLR 482 Gray (t/as Clarence Valley Plumbing Services) v Ware Building Pty Ltd [2013] NSWCA 271 Lehtonen v Australian Iron & Steel Pty Ltd [1963] NSWR 323 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 83 ALR 434 Newmont Yandal Operations Pty Ltd v J Aron Corp (2007) 70 NSWLR 411 R v Wilkie (2005) 193 FLR 291 Sunstate Airlines (Qld) Pty Ltd v First Chicago Australia Securities Ltd (New South Wales Supreme Court, Giles CJ, 11 March 1997) Texts Cited: Krawitz, M., & Howard, J. "Should Australian courts give more witnesses the right to Skype?" Journal of Judicial Administration, (2015) 25, 44-63 Nicolson, D. J., "Truth and Demeanour: Lifting the Veil" Edinburgh Law Review, May 2014, Vol 18(2): 254-259 The Honourable Chief Justice M L Warren AC, QC, "Embracing technology: The way forward for the courts" (Speech delivered at the 23rd Biennial Conference of District and County Court Judges, Australia and New Zealand, Melbourne, 19 April 2015) The Honourable Justice P D McClellan AM, "Concurrent Expert Evidence" (Medicine and Law Conference, Law Institute Victoria, 29 November 2007) The Honourable Justice P R Garling RFD​, "Concurrent Expert Evidence – The New South Wales Experience" (University of Oxford​, Faculty of Law, 1 December 2015) Wallace, A., "Virtual Justice in the Bush: the Use of Court Technology in Remote and Regional Australia" (2008) 19 Journal of Law, Information and Science 1 Category: Procedural and other rulings Parties: Plaintiff: Dale Fraser Defendant: Health Care Corporation Pty Ltd (ACN 000 392 101) Representation: Counsel: Plaintiff: Mr D Campbell SC Defendant: Mr M Barnes (solicitor, as agent)