Atkinson v Purvis Duncan - [2002] QDC 201

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DISTRICT COURT OF QUEENSLAND

CITATION:

Atkinson & Ors v Purvis Duncan [2002] QDC 201

PARTIES:

EDWARD ALLEN ATKINSON ATF SWAN PACKAGING STAFF SUPERANNUATION FUND

First Plaintiff

MOATTAR REZZA & NASREEN REZA

Second Plaintiffs

ADRIAN RONNING & HELEN LOUISE RONNING

Third Plaintiffs

NEIL CARRINGTON LOVELL                 Fourth Plaintiff

BETTY INGLIS & BETTY INGLIS AS EXECUTOR OF THE ESTATE OF JOHN INGLIS                Fifth Plaintiffs

REGINALD ASHWORTH WHITTON TREVOR and LORRAINE JULIE TREVOR  Sixth Plaintiffs

IAN ALEXANDER MUTCH, DAVID JAMES SPENSLEY PRATT, LEXIER ANGELA JEFFERY and NANCY EVELYN PRATT ATF JMPP SUPERANNUATION FUND PTY. LTD.

Seventh Plaintiffs

PURVIS DUNCAN (A FIRM)  Defendant

FILE NO/S:

3778/00

DIVISION:

eCourt

PROCEEDING:

Order following eCourt case management

DELIVERED ON:

11 July 2002

DELIVERED AT:

Brisbane

JUDGE:

Judge Robin QC

ORDER:

1.    The plaintiffs file and serve witness statements by 22 July 2002.

2.    The defendant file and serve witness statements by 12 August 2002.

3.    The plaintiffs file and serve witness statements in reply by 26 August 2002.

4.    The witnesses’ statements of evidence filed by the parties stand as those witnesses’ evidence in chief at trial, subject to any direction by the trial judge permitting the witnesses to give further evidence in chief.

5.    The parties serve notices as to witnesses required for cross-examination by 2 September 2002.

6.    A party may tender and rely on a statement of evidence in chief without the need for the witness to attend and give evidence at the trial, provided that no party has given notice requiring that witness for cross-examination in accordance with paragraph 5 of this order.

7.    The parties serve notices of objections to evidence in the statements or the admissibility of documents annexed to the statements, stating the grounds of each objection, by 23 September 2002.

8.    The parties exchange any expert reports upon which they intend to rely by 19 August 2002, with any reports by way of reply to be delivered by 16 September 2002.

9.    The plaintiffs have leave to amend the Claim and the Statement of Claim to substitute “JOHN INGLIS” with “BETTY INGLIS AS EXECUTOR OF THE ESTATE OF JOHN INGLIS”, the title of the proceedings being amended accordingly.

10.    The matter be listed for trial for 5 days from 30 September 2002 commencing at 9:30am each day.

11.    Liberty to apply.

12.    There be placed on the file and marked Exhibit A copies of all email correspondence between the Court and the parties to date leading to the making of this order.

SOLICITORS:

Macrossan Lawyers for the plaintiffs

Minter Ellison for the defendant

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Atkinson v Purvis Duncan [2002] QDC 201

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CITATION:	Atkinson & Ors v Purvis Duncan [2002] QDC 201
PARTIES:	EDWARD ALLEN ATKINSON ATF SWAN PACKAGING STAFF SUPERANNUATION FUND First Plaintiff MOATTAR REZZA & NASREEN REZA Second Plaintiffs ADRIAN RONNING & HELEN LOUISE RONNING Third Plaintiffs NEIL CARRINGTON LOVELL Fourth Plaintiff BETTY INGLIS & BETTY INGLIS AS EXECUTOR OF THE ESTATE OF JOHN INGLIS Fifth Plaintiffs REGINALD ASHWORTH WHITTON TREVOR and LORRAINE JULIE TREVOR Sixth Plaintiffs IAN ALEXANDER MUTCH, DAVID JAMES SPENSLEY PRATT, LEXIER ANGELA JEFFERY and NANCY EVELYN PRATT ATF JMPP SUPERANNUATION FUND PTY. LTD. Seventh Plaintiffs PURVIS DUNCAN (A FIRM) Defendant
FILE NO/S:	3778/00
DIVISION:	eCourt
PROCEEDING:	Order following eCourt case management
DELIVERED ON:	11 July 2002
DELIVERED AT:	Brisbane
JUDGE:	Judge Robin QC
ORDER:	1. The plaintiffs file and serve witness statements by 22 July 2002. 2. The defendant file and serve witness statements by 12 August 2002. 3. The plaintiffs file and serve witness statements in reply by 26 August 2002. 4. The witnesses’ statements of evidence filed by the parties stand as those witnesses’ evidence in chief at trial, subject to any direction by the trial judge permitting the witnesses to give further evidence in chief. 5. The parties serve notices as to witnesses required for cross-examination by 2 September 2002. 6. A party may tender and rely on a statement of evidence in chief without the need for the witness to attend and give evidence at the trial, provided that no party has given notice requiring that witness for cross-examination in accordance with paragraph 5 of this order. 7. The parties serve notices of objections to evidence in the statements or the admissibility of documents annexed to the statements, stating the grounds of each objection, by 23 September 2002. 8. The parties exchange any expert reports upon which they intend to rely by 19 August 2002, with any reports by way of reply to be delivered by 16 September 2002. 9. The plaintiffs have leave to amend the Claim and the Statement of Claim to substitute “JOHN INGLIS” with “BETTY INGLIS AS EXECUTOR OF THE ESTATE OF JOHN INGLIS”, the title of the proceedings being amended accordingly. 10. The matter be listed for trial for 5 days from 30 September 2002 commencing at 9:30am each day. 11. Liberty to apply. 12. There be placed on the file and marked Exhibit A copies of all email correspondence between the Court and the parties to date leading to the making of this order.
SOLICITORS:	Macrossan Lawyers for the plaintiffs Minter Ellison for the defendant