Di Mauro v Smith & Suncorp Metway Insurance Ltd [2006] QSC 405

State Reporting Bureau [kcoQ QsC Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION ATKINSON J REVISED COPIES ISSUED State Reporting Bureau Date: 10 November, 2006 No 144 of 2003 ROSALINA DI MAURO Applicant and DONALD JAMES SMITH and Respondents SUNCORP METWAY INSURANCE LIMITED CAIRNS . .DATE 06/11/2006 JUDGMENT VARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal iffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for heir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 h Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HER HONOUR: All right. Well, these are the orders I propose: 1. The signature of the defendants and the request for trial date is dispensed with and the matter is entered for trial; 2. The plaintiff is required to undergo a further medical examination with an orthopaedic surgeon and an occupational therapist; 3. (a) The plaintiff select an orthopaedic surgeon from the following four: Dr James Price, Dr Paul Pinkus, Dr Bruce Lowe, and Dr John Fraser; (b) The plaintiff select an occupational therapist from Mr Bruce Morgan, Mr Xavier Zitec, Mr Cameron Fraser, and Ms Amanda Pearson; 4. (a) The first and second defendants obtain the first available appointment with the orthopaedic surgeon chosen by the plaintiff and the occupational therapist chosen by the plaintiff, and that in any event, the examination is to take place before 30 November 2006; (b) The defendants bear the cost of the examination reports ; (c) The defendants arrange the plaintiff's reasonable travelling and accommodation expenses in respect of attending the examinations; (d) The defendants reimburse the plaintiffs for any reasonable out of pocket expenses incurred in relation to attendances at the examinations; 06112006 D.l T12/GRB(CNS) M/T CNS2/2006 (Atkinson J) 1 10 20 30 40 50 2 JUDGMENT 60 -- 2 of 3 -- (e) Copies of the reports be made available to the plaintiff immediately they are received by the first or second defendant's solicitors, and in any event, on or before 14 December 2006; (f) If copies are not provided to the plaintiff on or before 14 December 2006 they may not be used by the defendant in the trial. 06112006 D.l T12/GRB(CNS) M/T CNS2/2006 (Atkinson J) HER HONOUR: The defendants are to pay the plaintiff's costs of and incidental to these applications to be assessed. One point I have not covered is when you have to make the election by, Mr Lafferty. MR LAFFERTY: We'll do it today, your Honour. HER HONOUR: You will do that by close of business today? MR LAFFERTY: Yes. We'll - we'll do it today. HER HONOUR: All right. Well, I will not make an order to that effect, but if it is not done, liberty to apply. MR LAFFERTY: Thank you, your Honour. 3 JUDGMENT -- 3 of 3 --