Edwards v Khan & Anor [2003] QSC 255

State Reporting Bureau j>0 Queensland Government Department of Justice and Attorney-General 3 ] Q SC 255 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 JONES J Claim No 58 of 1997 RACHEL FLEUR EDWARDS and GODNADA KHAN and BEVERLEY CLAIRE KHAN AND SUNCORP METWAY INSURANCE ACN 075695966 CAIRNS ..DATE 15/07/2003 JUDGMENT REVISED COPIES ISSUED State Reporting Bureau Date: 22 July. 2003 Plaintiff Defendants Third Party WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 15072003 D.l T7/DK M/T CNS1/2003 (Jones J) HIS HONOUR: The plaintiff in this matter was injured on the 7 15th of April 1987 in the course of employment. She seeks damages for those injuries. The writ seeking such damages was issued only on the 17th of April 1997 and because of delay in service it was then renewed on the 16th of December 1998. 10 The pleadings have been exchanged and various versions of statements of loss and damage have been delivered and defendants' statement of economic loss delivered. Delays have been encountered because of the defendants ' requests for updated medical examinations and these requirements have been used as an excuse not to sign the request for a trial date. The first such request was made in 2001 and the requests have been repeated on various dates OA OV since that time. The defendants who have been served do not appear to oppose the plaintiff's application that the matter now be placed on the call-over list. Solicitors for the third party have indicated that they neither consent to nor oppose the making of such an order. The case, on the material before me, appears to be in a state where it can properly go to trial and it should be placed on the list of matters awaiting trial so a trial date can be given at the next call-over. 50 I therefore order that this action be placed on the list of matters awaiting trial. I order that the costs of and 2 JUDGMENT 60 -- 2 of 3 -- 15072003 D.1 T7/DK M/T CNS1/2003 (Jones J) incidental to this application be the plaintiff's costs in the cause . Any other orders sought, Mr McAlister? MR McALISTER: No, your Honour. 1 10 20 30 40 50 60 3 JUDGMENT -- 3 of 3 --