Bahonko v Moorfields Community and Ors (No 3) (Ruling)

[2013] VCC 870

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CIVIL DIVISION

 Revised
Not Restricted
Suitable for Publication

DAMAGES AND COMPENSATION LIST
WORKCOVER DIVISION

Case No. CI-06-02573

STANISLAWA BAHONKO	Plaintiff
v
MOORFIELDS COMMUNITY	First Defendant
BODALLA AGE CARE SERVICES	Second Defendant
UNITING CHURCH IN AUSTRALIA	Third Defendant
and
VICTORIAN WORKCOVER AUTHORITY	Fourth Defendant

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JUDGE:	HIS HONOUR JUDGE SACCARDO
WHERE HELD:	Melbourne
DATE OF HEARING:	15 May 2013
DATE OF RULING:	15 May 2013 (Revised)
CASE MAY BE CITED AS:	Bahonko v Moorfields Community & Ors (No 3) (Ruling)
MEDIUM NEUTRAL CITATION:	[2013] VCC 870

RULING
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ACCIDENT COMPENSATION – application for jury trial – County Court Rules – plaintiff’s application to restrain defendants’ solicitors from acting – applicant directed to issue summons identifying relief and file material in support – process adjourned.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	The Plaintiff appeared in person	-
For the Defendants	Mr N B Chamings	Lander & Rogers

HIS HONOUR:

1       I convened the directions hearing this morning in order to deal with one issue: namely that which arises by reason of the fact that the defendants have arranged medical appointments for the plaintiff’s attendance, and the plaintiff has indicated that she will not attend those medical examinations.

2       On 14 May 2013, an affidavit was filed by Ms Kennedy correcting a position she had taken in her previous affidavit in support of an application that this proceeding be stayed or dismissed.  I adjourned the application and have not dealt with it.

3       This morning the plaintiff has filed an affidavit in response to the affidavit of Ms Kennedy. 

4       The plaintiff now makes an application that I make an order that the legal representatives of the defendants should be removed from this proceeding.  I consider it inappropriate that I deal with such an application without:

(i)    firstly, the defendants having notice of the application by the issuing of a summons together with supporting material; and

(ii)   secondly, the Court having notice of the application.

5       For that reason, I am not going to deal with this application this morning. 

6       Insofar as the plaintiff wishes to make an application, I am going to adjourn that process, direct that the plaintiff issue a summons setting out the precise relief that she seeks and allowing her the opportunity to file any further material in support of that application.

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