Pirlo v King [2016] NSWSC 1126

Pirlo v King [2016] NSWSC 1126

The interests of justice favoured retaining the existing Sydney hearing date because the matter had proceeded efficiently, a February 2017 hearing was within a reasonable range, important preparatory steps including expert conclaves and mediation remained to be completed, most medical experts and other witnesses were located in or near Sydney, and relocation to Lismore would create unnecessary expense and undue inconvenience disproportionate to the concerns relied on by Mr Pirlo.

Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Application for Expedition and Change of Venue in Personal Injury Proceedings / Notice of Motion Filed 19 July 2016
Outcome
Application dismissed.
Legal Topics
['expedition' 'change of Venue' 'interests of Justice' 'psychiatric Condition' 'hearing Readiness' 'costs in the Proceedings']
['practice and Procedure' 'personal Injury'] ['expedition' 'change of Venue' 'interests of Justice' 'psychiatric Condition' 'hearing Readiness' 'costs in the Proceedings']

Case Brief

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Procedural Posture

Application for Expedition and Change of Venue in Personal Injury Proceedings / Notice of Motion Filed 19 July 2016

Legal Issues

  1. 1 ['Whether the proceedings should be expedited from the existing Sydney hearing date commencing 6 February 2017 to an earlier five-day hearing in Lismore.' "Whether a change of venue from Sydney to Lismore was in the interests of justice having regard to the plaintiff's psychiatric condition, hardship and convenience, and the competing interests of the parties."]

Ratio Decidendi

The interests of justice favoured retaining the existing Sydney hearing date because the matter had proceeded efficiently, a February 2017 hearing was within a reasonable range, important preparatory steps including expert conclaves and mediation remained to be completed, most medical experts and other witnesses were located in or near Sydney, and relocation to Lismore would create unnecessary expense and undue inconvenience disproportionate to the concerns relied on by Mr Pirlo.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' 'Costs to be costs in the proceedings.']