Marzol v Killen [2018] NSWSC 845

Marzol v Killen [2018] NSWSC 845

The plaintiff's unexplained opposition to the joinder of related matters caused unnecessary delay and expense, justifying an order that she pay the defendant's costs of the notice of motion on an indemnity basis. Leave to rely on additional medical reports is granted, provided the plaintiff indemnifies the defendant for travel and accommodation costs arising from related medical appointments.

Parties
Plaintiff: Frangipani Marie Marzol; Defendant: Dr Judith Killen
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Procedural and Other Rulings / Costs and Evidentiary Motions
Outcome
Notice of motion: Plaintiff to pay defendant's costs on an indemnity basis; leave granted for plaintiff to adduce certain expert reports, subject to indemnification for defendant's related reasonable expenses.
Legal Topics
Costs—indemnity Basis, Case Management—joinder of Proceedings, Expert Evidence—leave to Rely on Reports
Civil Procedure Costs—indemnity Basis Case Management—joinder of Proceedings Expert Evidence—leave to Rely on Reports

Case Brief

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Parties

Frangipani Marie Marzol

Plaintiff

Dr Judith Killen

Defendant

Procedural Posture

Procedural and Other Rulings / Costs and Evidentiary Motions

Legal Issues

  1. 1 Whether the plaintiff should pay the defendant's costs of the notice of motion on an indemnity basis
  2. 2 Whether leave should be granted for the plaintiff to rely on additional medical reports

Ratio Decidendi

The plaintiff's unexplained opposition to the joinder of related matters caused unnecessary delay and expense, justifying an order that she pay the defendant's costs of the notice of motion on an indemnity basis. Leave to rely on additional medical reports is granted, provided the plaintiff indemnifies the defendant for travel and accommodation costs arising from related medical appointments.

Court Disposition

Notice of motion: Plaintiff to pay defendant's costs on an indemnity basis; leave granted for plaintiff to adduce certain expert reports, subject to indemnification for defendant's related reasonable expenses.

Orders

  • Order the plaintiff to pay the defendant's costs of and incidental to her notice of motion filed 6 February 2017 on an indemnity basis.
  • Grant leave to the plaintiff to rely upon the reports of Mark Ravagnani dated 29 August 2017, Dr Selwyn Smith dated 9 February 2018 and Dr Geoffrey Miller dated 15 April 2018.