Zelic v Barisic (No 2) [2018] NSWSC 1380

Supreme Court New South Wales

Medium Neutral Citation: Zelic v Barisic (No 2) [2018] NSWSC 1380 Hearing dates: 23 August 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) List the matter before me at 9:15 am on Thursday, 30 August 2018. (2) Direct Mr Constantine Green, the solicitor for the plaintiff, to appear in person on that day to give me an explanation as to what he has done to comply with my directions of 31 July 2018 and 9 August 2018 to confer with a view to reaching agreement about the place of examination under Uniform Civil Procedure Rules 2005 (NSW), r 24.3 is to take place, unless the parties beforehand reach an agreement about that matter. (3) In the event of an agreement being reached, as contemplated by order 2, the parties have liberty to contact my associate to advise of that development and the listing for Thursday, 30 August 2018 will be vacated and the requirement for Mr Green to attend will be dispensed with. Catchwords: PRACTICE AND PROCEDURE – seeking order for examination of the plaintiff – ill health and undergoing treatment – facility not in agreement – application – whether the facility manager should be required by the court to give evidence to explain the change in attitude – inappropriate – facility not a party to the proceedings – informal letter or approach is irregular – common sense – plaintiff need to do all that they can – overriding purpose in civil procedure – solicitor to attend – provide explanation of compliance with orders Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 68 Uniform Civil Procedure Rules 2005 (NSW), r 24.3 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Marijan Zelic (Plaintiff) Ivanka Barisic (Defendant) Representation: Counsel: B Young (Plaintiff) P Sharp (Defendant)