Angius v Salier [2020] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: Angius v Salier [2020] NSWSC 114 Hearing dates: 11 February 2020 Decision date: 11 February 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the plaintiff be medically examined by Dr Jane Lonie, neuropsychologist, to obtain an opinion as to his capacity to: (a) give instructions in relation to the present and further conduct of these proceedings, (b) understand (with relevant legal and expert assistance) and make informed decisions about the current and further issues in these proceedings, and (c) manage his affairs. 2. Order that the plaintiff submit to the medical examination by Dr Jane Lonie by attending her practice at Level 1, Suite 108/25 Berry St, North Sydney NSW on 18 March 2020 at 1pm. 3. Direct that the report of Dr Jane Lonie be filed and served by 4:00pm on 20 March 2020. 4. Order that the costs of the neuropsychological assessment of the plaintiff be paid by the first defendant from the estate of the late Laura Angius in the first instance and that the costs of the neuropsychological assessment otherwise be costs in the cause. 5. Order that the first defendant's costs of the notice of motion filed on 7 February 2020 be paid from the estate of the late Laura Angius on the indemnity basis. 6. Order that the costs of the other parties be reserved. 7. List the proceedings and the first defendant's notice of motion filed on 7 February 2020 before Ward CJ in Eq for further directions on 23 March 2020. 8. Order that these orders be entered forthwith. 9. Liberty to apply on 48 hours' notice. Catchwords: CIVIL PROCEDURE — Medical examinations —Whether a medical examination of the plaintiff should be ordered to determine capacity Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 7.18, 23 Category: Procedural and other rulings Parties: John Angius (Plaintiff) Gordon Albert Salier (First Defendant) Angius Hotel Investments Pty Ltd (Second Defendant) Togumi Pty Ltd (Third Defendant) J & L Angius Pty Ltd (Fourth Defendant) Tararba Pty Ltd (Fifth Defendant) Angius Investments Pty Ltd (Sixth Defendant) Robert Angius (Seventh Defendant) Representation: Counsel: G Falk (Plaintiff) M Willmott SC with C Birtles (First Defendant) A Carney (Second to Sixth Defendants) V Culkoff (Seventh Defendant)