Marzol v Killen [2018] NSWSC 845

Supreme Court New South Wales

Medium Neutral Citation: Marzol v Killen [2018] NSWSC 845 Hearing dates: 25 May 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order the plaintiff to pay the defendant's costs of and incidental to her notice of motion filed 6 February 2017 on an indemnity basis. (2) Grant leave to the plaintiff to rely upon the reports of Mark Ravagnani dated 29 August 2017, Dr Selwyn Smith dated 9 February 2018 and Dr Geoffrey Miller dated 15 April 2018. (3) Direct that the plaintiff indemnify the defendant with respect to any travelling or accommodation costs incurred by the defendant for medical appointments reasonably arranged by the defendant in response to the reports referred to in order (2). Catchwords: COSTS – application by defendant to have four related matters heard together – whether plaintiff's opposition to that course reasonable – whether plaintiff's attitude caused unreasonable expense or delay – whether plaintiff should pay costs of the defendant's notice of motion – whether costs should be paid on an indemnity basis

PRACTICE & PROCEDURE – where plaintiff sought leave to rely upon additional medical reports – whether leave to do so should be granted Cases Cited: Marzol v Joubert; Marzol v Killen [2018] NSWSC 586 Category: Procedural and other rulings Parties: Frangipani Marie Marzol (Plaintiff) Dr Judith Killen (Defendant) Representation: Counsel: J Ronald (Plaintiff)

Solicitors: Commins Hendriks (Plaintiff) Meridian Lawyers (Defendant) File Number(s): 2015/334990 Publication restriction: Nil