Davison v State of Queensland [1999] QSC 151

) erG( , 15 I State Reporting Bureau 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. R. r=.-:..\.jls,::,?_~(;r:"i~:~~~~.~ED -l ~.:.;;.,\. ,. ·1:"::1_,-<..··01 .':1 '..-,u,,::.dU L ',:~~,: __. ts ,1.._~_.~_9.':t ____ .. , SUPREME COURT OF QUEENSLAND CHAMBERS JONES J '''::~-~~~;r~;-7 "/".' ',,' .. ~. ,"' ", .< J --L I --"-----..1No 98 of 1997 ANTOINETTE DAVISON Applicant/Plaintiff and THE STATE OF QUEENSLAND Respondent/Defendant CAIRNS .. DATE 17/05/99 JUDGMENT 1 nllllr', Tlrc Law Courts, (;t'ol'gc Slr'cel, Brishanc, Q, -tOOO Telcpholll': (07) J2-t7 -tJ(,O Fax: (07) J2-t7 5532 -- 1 of 3 -- --------_....__.. 170599 D.1 T6/CH M/T CNS394/99 (Jones J) ijIS HONOUR: In this matter the plaintiff makes an application for her claim to be set down on the call-over list, notwithstanding the fact that the defendant has not signed the certificate of readiness. This action was commenced on 28 July 1997 and all the procedural steps have been c?mplied, with. The certificate of readiness signed by the plaintiff was delivered to the defendant's solicitors on 5 February 1999. The defendant has refused to sign the certificate because it has yet to receive the benefit of expert opinion which is sought from Professor Buxton and Dr Conrad about the plaintiff's condition. The plaintiff was prepared to submit to medical examination by the experts chosen by the defendant but that was deemed by those experts to be unnecessary. The delay in the defendant receiving the advice it has sought seems to lie with the experts not having time to comply with their respective retainers. In my view the defendant has been given more than adequate time within which to obtain such advice as it needs, notwithstanding the fact that the plaintiff's injury and her claim is of an unusual nature and that the number of experts in the field is limited. 2 JUDGMENT 10 20 ( 30 ( 40 50 60 -- 2 of 3 -- ) 170599 D.1 T6/CH M/T CNS394/99 (Jones J) 1." propose, therefore, to accede to the plaintiff's request and .', place the matter on the list of matters awaiting trial, although I indicate that,should it be necessary for an interlocutory application to be made by the defendant arising out of the advice received by its experts, the fact of the matter being on the call-over list would not bar the hearing and speedy determination of such an application. I therefore order that the action be placed on the list of matters awaiting hearing and I further order that the defendant pay the plaintiff's costs of and incidental to the application to be taxed. 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 3 --