Antony v Hammon

[2023] ACTSC 164

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Antony v Hammon

Citation: 

[2023] ACTSC 164

Hearing Date: 

30 June 2023

Decision Date: 

30 June 2023

Before:

Curtin AJ

Decision: 

(1) The hearing of 10 July 2023 is vacated.

(2) The matter be referred to the Registrar to be placed in the list for the appointment of a further hearing date. The hearing is not to be listed before 1 August 2023.

(3) Costs of this application are to be costs in the cause.

Catchwords: 

CIVIL LAW – INTERLOCUTORY APPLICATION – Application to vacate hearing date – where plaintiff had failed to attend medico-legal appointments – application granted 

Parties: 

Swapna Antony ( Plaintiff)

Sally Hammon ( First Defendant)

Insurance Australia Limited t/as NRMA Insurance (Second Defendant)

Representation: 

Counsel

T Disele ( Plaintiff)

J Reid ( Defendants)

Solicitors

MEJ ( Plaintiff)

HWL Ebsworth Lawyers ( Defendants)

File Number:

SC 145 of 2022

CURTIN AJ:  

EX TEMPORE (REVISED)

1․This is an application to vacate a hearing date. 

2․The matter is currently listed for hearing on 10 July 2023. 

3․The short point is that the plaintiff for one reason or another has not attended medico-legal appointments with the medico-legal expert retained by the defendant in the specialty of an occupational physician.

4․The defendant has made substantial efforts to have the plaintiff assessed by an occupational physician. The plaintiff has not attended any of them other than the last. 

5․She did attend the last-made appointment on 26 June 2023, but a report is not expected before 20 July 2023, being after the allocated hearing date. 

6․But for the fact that the plaintiff did attend that most recent appointment, I was minded to re-list the matter before myself for the plaintiff to show cause why her proceedings ought not be dismissed for failing to participate in the processes of the Court to enable a fair trial to be had. 

7․That order will not now be necessary. However, it is clear that the trial cannot proceed under current circumstances given the plaintiff has not afforded the defendant the opportunity to investigate and gather evidence in relation to a significant part of her claim.

Orders

8․I make the following Orders:

(1)The hearing of 10 July 2023 is vacated.

(2)The matter be referred to the Registrar to be placed in the list for the appointment of a further hearing date. The hearing is not to be listed before 1 August 2023.

(3)Costs of this application are to be costs in the cause.

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Curtin.

Associate:

Date: