Bolton v Portelli [2001] QSC 275

4~307 State Reporting Bureau SCbl .!).7 ~~-Q'-u_e_e_n_s_la_n_d_G_o_v_e_rn_m_er -.\)..).1~ Department of Justice and Attorney-Gener, 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 Claim No 5 of 2000 SCOTT JAMES BOLTON and JULIAN (JOE) PORTELL! CAIRNS .. DATE 09/07/2001 JUDGMENT l ! CY( Plaintiff Defendant 1 4Th Floor The Law Courts Complex George Street Brisbane Q. 4000. Telephone: (07) 3247 4360. Facsimile: <07) 3247 5532 -- 1 of 3 -- 09072001 Tl0/JFG M/T CNSl-2/2001 (Jones J) HIS HONOUR: This is an application by the defendant seeking orders that the plaintiff deliver a List of Documents within seven days pursuant to Rules 211 and 214 of The Uniform Civil Procedure Rules and for an order that the plaintiff deliver also his loss and damage statement, pursuant to Rule 547 of the rules. The plaintiff's action arises out of an incident on 14 August 1999 when he alleges that a horse owned by the defendant threw him, causing him injury. A Notice of Intention to Defend and the Defence were served on the plaintiff's then address for service on 30 October 2000. The next step to have been taken by and on behalf of the plaintiff, ought to have occurred in mid-November 2000. That step was not taken and on 7 February 2001, the defendant's solicitors wrote to the plaintiff's then solicitors, notifying of the failure to comply with the relevant rules and seeking early compliance. There has been no such compliance. The plaintiff's then solicitor sought instructions from his client throughout this period and those instructions have not been forthcoming. That has caused the plaintiff's solicitor now to seek leave to withdraw and that leave has been granted. The defendant is entitled to have the matter pursued. The orders which I propose to make in accordance with the application, are ones which are designed to that end and do not result in any detriment to the plaintiff. The plaintiff, I should mention, was not present at this hearing. The 2 JUDGMENT 20 30 -- 2 of 3 -- 09072001 Tl0/JFG M/T CNSl-2/2001 (Jones J) service of the application was upon the plaintiff's former solicitors at their address on the record. I propose to make the orders as per the application and I will direct also that a copy of the orders and the material supporting the application, be served on the defendant at his last known address. My orders will be that the plaintiff deliver to the defendant, a List of Documents to which his duty of disclosure applies and the documents to which privilege from disclosure is claimed, within seven days from the date hereof. I further order that the plaintiff deliver to the defendant, a Statement of Loss and Damage within seven days of the date of this order. The costs of and incidental to this application will be reserved. 10 I direct that a copy of my order and of the application and 20 the material supporting the affidavit, be served on the defendant by registered mail at his last known address. 30 3 JUDGMENT -- 3 of 3 --