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Eggins v Fruitier & Ors [1994] QSC 283

Case law · Queensland · 1994
:2 314d. W State Reporting Bureau se_ i-t/:;;8 ----------------------------------------------------------------------- TRANSCRIPT OF PROCEEDINGS >pyright in this transcript is vested in the Crown. Copies thereof must not be made or sold .bout the written authority of the Director, State Reporting Bureau.) buPREME COURT OF QUEENSLAND CIVIL JURISDICTION ):EFEL J No W76 of 1990 DAMIEN LEITH EGGINS and PHILLIP JOHN FRUITIER and BRENDA ANN FRUITIER (TRADING AS NORSPRINGS) and WORKERS' COMPENSATION BOARD OF QUEENSLAND and SUNCORP INSURANCE AND FINANCE and FAI INSURANCE PTY LTD TOWNSVILLE .. DATE 22/08/94 ORDER ---~·--·.. -·-··..........~-·····-.···:..,-··:•.. -..... , ........ ~ ~ ...., Plaintiff Defendants Defendant by Election First Third Party Second Third Party 1 r -·-· r,.,rts. Georgc Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facrimile: (07) 227 5532 -- 1 of 2 -- 220894 HER HONOUR: I consider that the defendant by election ought to have the opportunity of investigating this area, since it seems to me that it has the potential to add to the award for damages which the defendant by election may have to meet. That became clear during my conversation with counsel for the plaintiff, who indicated that it would not be conceded that the proposed treatment would probably be effective and that damages would be sought on the basis that there is a prospect that it will not be effective. In those circumstances I consider that the matter must be adjourned. HER HONOUR: I order that the matter be adjourned to the next call-over. HER HONOUR: I order that the costs of the adjournment be reserved to the Trial Judge. 2 ORDER 10 20 30 40 50 60 -- 2 of 2 --