Pirlo v King [2016] NSWSC 1126

Supreme Court New South Wales

Medium Neutral Citation: Pirlo v King [2016] NSWSC 1126 Hearing dates: 15 August 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Application dismissed.

(2) Costs to be costs in the proceedings. Catchwords: PRACTICE & PROCEDURE – application for expedition and change of venue – whether in the interests of justice – where plaintiff suffers from psychiatric condition allegedly related to the events giving rise to the proceedings – whether delay unusual – whether plaintiff at risk if earlier hearing not arranged – where necessary to balance the competing interests of the parties – application refused Category: Procedural and other rulings Parties: Anthony John Pirlo (Plaintiff) Trevor King (First Defendant) Representation: Counsel: E Romaniuk SC with E Grotte (Plaintiff) T A Berberian (First Defendant)

Solicitors: Somerville Laundry Lomax (Plaintiff) Wotton + Kearney (First Defendant) File Number(s): 2013/109434 Publication restriction: Nil

Judgment 1. HIS HONOUR: By his notice of motion filed on 19 July 2016, Mr Pirlo seeks to have these proceedings expedited and heard in Lismore instead of Sydney. The matter is presently listed for hearing in Sydney with an estimate of 5 days commencing on 6 February 2017. The proceedings were originally commenced in the Lismore District Court but later removed to this Court. The evidence reveals that there are two available blocks of 5 days in either of which the matter could be accommodated in Lismore, respectively commencing 12 September or 12 December 2016. Listing the matter in either of those weeks would expedite the proceedings by default. 2. Mr Pirlo's application is opposed.