Mid North Coast Local Health District v Hickson [2019] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mid North Coast Local Health District v Hickson [2019] NSWCA 165 Hearing dates: 26 June 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Before: Basten JA at [1]; Payne JA at [48]; Simpson AJA at [49] Decision: (1) Grant the applicant leave to appeal from the judgment in the Common Law Division of 22 November 2018.

(2) Allow the appeal and set aside the orders made in the Common Law Division setting aside the orders of the Registrar made on 6 July 2018.

(3) In place of those orders, order that the plaintiff's notice of motion of 2 August 2018 seeking review of the decision of the Registrar be dismissed with costs.

(4) By consent, order that the applicant pay the respondent's costs of the proceeding in this Court. Catchwords: APPEAL – practice and procedure – appeal from judgement on a review reversing interlocutory decision of Registrar – application of principle of restraint in review of discretionary decision as to practice and procedure

PROCEDURE – interrogatories – personal injury claim – defendant's application to administer interrogatories to plaintiff – rule requiring "special reasons" to make order – defendant seeking information as to possible limitation defence – information wholly within the plaintiff's knowledge Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2 cll 2, 4 Limitation Act 1969 (NSW), ss 18A, 50C, 50D

Uniform Civil Procedure Rules 2005 (NSW), r 22.1 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 Baker-Morrison v State of New South Wales (2009) 74 NSWLR 454; [2009] NSWCA 35 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Griebart v Morris [1920] 1 KB 659 Horsnell by his tutor Horsnell v Allworth Constructions Pty Ltd [2016] NSWSC 844 In re the Will of Gilbert (1946) 46 SR (NSW) 318; 63 WN (NSW) 176 Schutt v Queenan [2000] NSWCA 341 State of New South Wales v Gillett [2012] NSWCA 83 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Mid North Coast Local Health District (Applicant) Melissa Jane Hickson (Respondent) Representation: Counsel: K Richardson SC / S Kettle (Applicant) M Daley (Respondent)