Binks v North Sydney Council & Anor [2001] NSWSC 27

Binks v North Sydney Council & Anor [2001] NSWSC 27

The plaintiff's lack of memory of the accident, coupled with incomplete documents produced on subpoena and the necessity for specific information within the defendants' knowledge, constitute special reasons under Part 23 r 5 SCR. The plaintiff is entitled to specific discovery as requested in the notice of motion.

Parties
Plaintiff: Simon John Binks; First Defendant: North Sydney Council; Second Defendant: Bob Maitland Pty Ltd formerly known as A G Maitland Pty Ltd
Jurisdiction
Australia
Judgment Date
05 February 2001
Procedural Posture
Personal Injury Claim / Interlocutory Application for Discovery
Outcome
Plaintiff's application for discovery granted in accordance with notice of motion as amended; costs are costs in the cause; interrogatories stood over generally with liberty to restore on 7 days notice.
Legal Topics
Discovery, Special Reasons for Discovery in Personal Injury, Negligence in Roadworks
Civil Procedure Personal Injury Discovery Special Reasons for Discovery in Personal Injury Negligence in Roadworks

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Parties

Simon John Binks

Plaintiff

North Sydney Council

First Defendant

Bob Maitland Pty Ltd formerly known as A G Maitland Pty Ltd

Second Defendant

Procedural Posture

Personal Injury Claim / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether special reasons exist to justify general and specific discovery in a personal injury claim under Part 23 r 5 of the Supreme Court Rules
  2. 2 Relevance and necessity of documents relating to roadworks, signage, and management for plaintiff's expert report
  3. 3 Adequacy of documents produced on subpoena

Ratio Decidendi

The plaintiff's lack of memory of the accident, coupled with incomplete documents produced on subpoena and the necessity for specific information within the defendants' knowledge, constitute special reasons under Part 23 r 5 SCR. The plaintiff is entitled to specific discovery as requested in the notice of motion.

Court Disposition

Plaintiff's application for discovery granted in accordance with notice of motion as amended; costs are costs in the cause; interrogatories stood over generally with liberty to restore on 7 days notice.

Orders

  • Orders in accordance with paragraph (1) of the notice of motion filed 14 November 2000; paragraph 1(a) is to date from 1 January 1994.
  • Costs are costs in the cause.