OCM v The Trustees of the Christian Brothers [2017] NSWSC 854

Supreme Court New South Wales

Medium Neutral Citation: OCM v The Trustees of the Christian Brothers [2017] NSWSC 854 Hearing dates: 22 June 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Common Law Before: Garling J Decision: (a) Order that the plaintiff is to serve on each other party an evidentiary statement setting out all of the evidence which he intends to give at any trial, on or before 4pm, 15 September 2017. (b) Order the plaintiff to serve on each other party any expert evidence upon which he proposes to rely on or before 4pm, 28 September 2017. (c) Note that the parties are agreed that Dr Jonathan Phillips, consultant psychiatrist, will be retained jointly to prepare an expert psychiatric report of and concerning the plaintiff. (d) Order that the plaintiff attend such examination as may be arranged with Dr Jonathan Phillips, for the purposes of enabling Dr Phillips to prepare a joint report. (e) Stand the proceedings over for directions before Garling J at 9.30am on Friday, 29 September 2017. (f) Vacate Order 1 of the orders of the Court of 31 January 2017 and in lieu I make the following orders: (g) Order until further order, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 that the name and identity of the plaintiff be suppressed, except as may be necessary for the proper conduct of these proceedings, upon the grounds that the order is necessary to prevent prejudice to the proper administration of justice. (h) Order until further order that the plaintiff in these proceedings be known as "OCM", that he be described in all pleadings and other documents filed, or served in the proceedings as "OCM" and except as may be necessary for the proper conduct of the proceedings, he only be referred to as "OCM". (i) Order that the name of the proceedings be changed so that the proceedings be referred to as "OCM v Trustees of the Christian Brothers". (j) Order that the name of the third defendant on the statement of claim be amended so that it is as is follows: "Trustees of the Christian Brothers as executor of the estate of the late Francis Barnabas Garvan". (k) Dispense with the requirement for service of any amended statement of claim recording such change. (l) Further note that the proceedings have been properly discontinued against the tenth defendant. (m) Grant leave nunc pro tunc to file a notice of discontinuance dated 27 March 2017. Catchwords: CIVIL PROCEDURE – overriding purpose – orders to facilitate overriding purpose Legislation Cited: Civil Procedure Act 2005 Cases Cited: Not applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: OCM (P) (2016/316891 The Trustees of the Christian Brothers (D1) Trustees of the Christian Brothers as executors of the estate of the late James Anthanasius McGlade (D2) Trustees of the Christian Brothers as executors of the estate of the late Francis Barnabas Garvan (D3) Trustees of the Christian Brothers as executors of the estate of the late John Adrian Taylor (D4) Trustees of the Christian Brothers as executors of the estate of the late John Rupert Killian (D5) Trustees of the Christian Brothers as executors of the estate of the late Robert Charles Hill (D6) Kelvin McDonnell (D7) Brian Moylan (D8) Michael Hanlon (D9) Anthony Whelan (D10) Neil Richards (D11) Representation: Counsel: Mr Longhurst (P) Ms Ward (D1-D9) M Slattery (D11) File Number(s): 2016/316891 Publication restriction: Not Applicable