Arnold v Matsias [2017] NSWSC 173

Supreme Court New South Wales

Medium Neutral Citation: Arnold v Matsias [2017] NSWSC 173 Hearing dates: 24 February 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The defendant's notice of motion filed 1 August 2016 is dismissed.

(2) Costs of the hearings before Hall J on 31 October 2016 and Harrison AsJ on 17 February 2017 are costs in the cause. Catchwords: INTERROGATORIES – negligence – breach – duty of care – notice of motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 49.19 Cases Cited: Bendixen v Coleman [1943] HCA 40; (1943) 68 CLR 401 Texts Cited: Bailliere's Australian Nurses' Dictionary (1991 ed) Concise Oxford Dictionary (10th ed) Oxford University Press Macquarie Dictionary (6th ed) Category: Procedural and other rulings Parties: Simon Arnold (Plaintiff) Chris Matsias (Defendant) Representation: Counsel: P D'Arcy-King (Plaintiff) J Lonergan SC (Defendant)

Solicitors: Slater & Gordon Lawyers (Plaintiff) Meridian Lawyers (Defendant) File Number(s): 2015/244084 Publication restriction: Nil

Judgment 1. HER HONOUR: By notice of motion filed 1 August 2016, the defendant seeks an order pursuant to Rule 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) that the judgment of Registrar Bradford dated 5 July 2016 be set aside.