Gene Daly v John Ryan [2019] NSWSC 1211

Supreme Court New South Wales

Medium Neutral Citation: Gene Daly v John Ryan [2019] NSWSC 1211 Hearing dates: 27 August 2019 Date of orders: 27 August 2019 Decision date: 10 September 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) Leave be granted to plaintiff to reply upon the report of Dr Pillemer dated 12 August 2019. (2) Leave be granted to plaintiff to rely upon the statement of Jonnica Daly dated 16 August 2019. (3) Leave be granted to plaintiff to rely upon the statement of Olivia Daley dated 16 August 2019. (4) Leave be granted to plaintiff to rely on further statement of Gene Daly dated 16 August 2019. (5) Trial date of 2 September 2019 is vacated. (6) Plaintiff is to file and serve all additional evidence on or before Friday 13 September 2019. (7) Listed before the Registrar for further directions on Monday 16 September 2019. (8) Costs of and incidental to the Notice of Motion to be paid by Plaintiff. (9) Costs thrown away by vacation of the trial date, including the costs of any additional conclaves, to be reserved to the trial Judge. Catchwords: CIVIL LAW – plaintiff injured at work – where expert witness changes opinion – whether plaintiff should be allowed to rely on additional evidence – where trial date imminent – trial date vacated – no question of principle Category: Principal judgment Parties: Gene Daly (Plaintiff) John Ryan (Defendant) Representation: Counsel: J Wilson (Plaintiff) P Morris SC (Defendant)