Horsnell by his tutor Horsnell v Allworth Constructions Pty Ltd [2016] NSWSC 844

Supreme Court New South Wales

Medium Neutral Citation: Horsnell by his tutor Horsnell v Allworth Constructions Pty Ltd [2016] NSWSC 844 Hearing dates: 20 May 2016 Decision date: 22 June 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Set aside the orders made by the Registrar on 19 February 2016 and 23 February 2016. (2) The second defendant must provide the information requested in questions 1 to 17 of the letter from the solicitor for the plaintiff to the solicitor for the defendants dated 25 June 2015, being the letter which is annexure A to the affidavit of Andrew Christopoulos sworn on 23 November 2015. (3) The first and second defendants must provide a verified Statement in Answer to the Interrogatories being the proposed interrogatories which are annexure G to the affidavit of Andrew Christopoulos sworn 23 November 2015. (4) The defendants must pay the plaintiff's costs of the proceedings on the motion filed 23 November 2015 and of this motion. Catchwords: PROCEDURE – review of a Registrar's order – Interrogatories – proceedings for personal injury – whether interrogatories relevant based on the pleadings - whether special reasons shown – whether interrogatories necessary – request for further particulars Legislation Cited: Civil Liability Act 2002 (NSW), s 5C Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 38 Occupational Health & Safety Act 2000 (NSW), s 8(2) Uniform Civil Procedure Rules 2005 (NSW), rr 22.1, 22.1(3), 22.1(4), 49.19 Workers Compensation Act 1987 (NSW), s 151(Z) Cases Cited: El Hayek v Vasic [2010] NSWSC 1498 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd t/as Cyndan Chemicals [2012] NSWSC 935 The Estate of Arthur Michael Falco; Falco v Lambert (No 3) [2015] NSWSC 1343 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: Kenneth David Horsnell by his tutor David James Horsnell (Plaintiff) Allworth Construction Pty Ltd ABN 78 002 565 353 ACN 002 565 353 (First Defendant) Teswor Pty Ltd ABN 44 109 004 444 ACN 109 004 444 (Second Defendant) Representation: Counsel: I Barry QC (Plaintiff) J Davidson (Plaintiff) C Purdy (First Defendant) R Perla (Second Defendant)