Budniak v NSW Trustee and Guardian [2019] NSWSC 237

Supreme Court New South Wales

Medium Neutral Citation: Budniak v NSW Trustee and Guardian [2019] NSWSC 237 Hearing dates: 1 March 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to UCPR 22.1 the defendant is to provide verified answers by 15 April 2019 to the interrogatories set out in annexure A of the plaintiff's notice of motion as amended.

(2) The defendant is to pay the plaintiff's costs of the motion.

(3) The matter is listed for directions before the Common Law Registrar on Wednesday, 24 April 2019. Catchwords: CIVIL PROCEDURE – notice of motion – claim that defendant owed duty to take reasonable care to give effect to deceased's testamentary intention – application for verified answers to interrogatories as to deceased's testamentary intention – whether professional negligence proceedings "a claim for damages arising out of the death of, or bodily injury to a person" – Uniform Civil Procedure Rules 2005 (NSW), r 22.1(3)(a) – whether purpose of interrogatories was for preparation of an expert report – whether interrogatories necessary Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 22.1 Evidence Act 1995 (NSW) s 91 Cases Cited: The Estate of Stanislaw Budniak; NSW Trustee and Guardian v Budniak [2015] NSWSC 934 El-Mouelhy v Reid [2017] NSWSC 623 Permanent Trustee Australia Ltd v Boulton; Permanent Trustee Australia Ltd v Lynjoe Pty Ltd (1994) 33 NSWLR 735 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 91 ALJR 936 Mohareb v Harbour Radio Pty Limited [2018] NSWSC 1992 In the matter of Gerard Cassegrain & Co Pty Ltd – Cassegrain v Gerard Cassegrain & Co Pty Ltd [2011] NSWSC 241 Edwards v Hornsby Shire Council [2014] NSWSC 600 Category: Procedural and other rulings Parties: Tomasz Budniak (Plaintiff) NSW Trustee and Guardian Representation: Counsel: Mr H Chiu (Plaintiff) Mr C Tam (Defendant)