Zelic v Barisic [2018] NSWSC 1074

Zelic v Barisic [2018] NSWSC 1074

Although the matter appeared prima facie appropriate for taking the plaintiff's evidence at his hospital bedside, the material before the Court was insufficient because there was no evidence of diagnosis or prognosis and insufficient evidence of fitness to participate and recording arrangements; it was therefore inappropriate to make an order, including on a contingent basis, and the matter was listed for directions after the scheduled mediation.

Jurisdiction
Australia
Judgment Date
04 July 2018
Procedural Posture
Notice of Motion Seeking an Order for Examination of the Plaintiff Otherwise Than at Trial Under UCPR R 24.3 / Interlocutory Directions
Outcome
Matter listed for directions; no order made on the examination application at that stage.
Legal Topics
['order for Examination Otherwise Than at Trial' 'bedside Evidence' 'medical Evidence of Fitness to Give Evidence' 'adjournment for Directions']
['practice and Procedure' 'civil Procedure'] ['order for Examination Otherwise Than at Trial' 'bedside Evidence' 'medical Evidence of Fitness to Give Evidence' 'adjournment for Directions']

Case Brief

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Procedural Posture

Notice of Motion Seeking an Order for Examination of the Plaintiff Otherwise Than at Trial Under UCPR R 24.3 / Interlocutory Directions

Legal Issues

  1. 1 ['Whether an order should be made for examination of the plaintiff otherwise than at trial at his hospital bedside.' 'Whether the evidence before the Court was sufficient to make such an order, including evidence of diagnosis, prognosis, fitness to participate and arrangements for audio-visual recording.']

Ratio Decidendi

Although the matter appeared prima facie appropriate for taking the plaintiff's evidence at his hospital bedside, the material before the Court was insufficient because there was no evidence of diagnosis or prognosis and insufficient evidence of fitness to participate and recording arrangements; it was therefore inappropriate to make an order, including on a contingent basis, and the matter was listed for directions after the scheduled mediation.

Court Disposition

Matter listed for directions; no order made on the examination application at that stage.

Orders

  • ['List for directions before Campbell J at 10:00 am on 23 July 2018.' 'If resolved at mediation, the parties have liberty to remove the matter from the list by contacting my Associate by email.']