Marks v Berri Pty Limited [2024] NSWDC 279

Marks v Berri Pty Limited [2024] NSWDC 279

Balancing the relevant factors, including the defendant's consent, the significant number of witnesses resident in the Riverina area, hardship and costs if the trial were held in Sydney, the availability of Wagga Wagga and a judge on 11 November 2024, and the fact that a Sydney hearing of the likely length would not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Civil Personal Injury Negligence Proceedings / Interlocutory Application to Fix the Final Hearing in Wagga Wagga and Related Procedural Directions
Outcome
The plaintiff's application to fix the final hearing in Wagga Wagga was granted and related procedural orders were made.
Legal Topics
['change of Venue' 'final Hearing Listing' 'extension Under S 151 D of the Workers Compensation Act 1987 (nsw)' 'costs in the Cause' 'mediation']
['civil Procedure' 'personal Injury' 'workers Compensation'] ['change of Venue' 'final Hearing Listing' 'extension Under S 151 D of the Workers Compensation Act 1987 (nsw)' 'costs in the Cause' 'mediation']

Source-derived case record

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Procedural Posture

Civil Personal Injury Negligence Proceedings / Interlocutory Application to Fix the Final Hearing in Wagga Wagga and Related Procedural Directions

Legal Issues

  1. 1 ['Whether it was appropriate to change the venue of the final hearing from Sydney to Wagga Wagga.' 'What factors should guide the exercise of discretion under Part 8.2 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether the plaintiff's Notice of Motion seeking an extension under s 151D of the Workers Compensation Act 1987 (NSW) should be heard before the final hearing."]

Ratio Decidendi

Balancing the relevant factors, including the defendant's consent, the significant number of witnesses resident in the Riverina area, hardship and costs if the trial were held in Sydney, the availability of Wagga Wagga and a judge on 11 November 2024, and the fact that a Sydney hearing of the likely length would not be available until the middle of 2025, it was in the interests of justice to fix the final hearing in Wagga Wagga.

Court Disposition

The plaintiff's application to fix the final hearing in Wagga Wagga was granted and related procedural orders were made.

Orders

  • ['The application by the plaintiff to fix the final hearing of the proceedings commencing 11 November 2024 in Wagga Wagga for five days is granted.' 'The costs of the application are to be costs in the cause.' 'The Notice of Motion filed 3 June 2024 seeking an extension under s 151D of the Workers Compensation Act...