Doherty & Doherty v Howie, Herring & Forsythe Pty Ltd & Anor [1993] QSC 248

/. State Reporting Bureau. ~c 93/~~6' 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.) .•.·~ - ·~'.cfP. ~ ~ SU??.EME COURT OF QUEENSLAND CIVIL JURISDICTION 0 DEMACK J No 6 of 1992 CATHERINE MARJORIE DOHERTY First Plaintiff and IAN DAVID DOHERTY Second Plaintiff and HOWIE, HERRING & FORSYTHE PTY LTD Defendant and 0 GIO AUSTRALIA Third Party ROCKHAMPTON .. DATE 26/07/93 ORDER 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facsimile: (07) 227 553: -- 1 of 3 -- _...., 0 ,, f 260793 (Demack J) HIS HONOUR: This is an application for directions by the plaintiff who seeks orders for the further conduct of this action. The application is complicated by the state of proceedings between the defendant and the third party. The third party has demurred to the statement of claim that has been delivered and it is necessary to determine that " demurrer at:-the earliest possible time. 0 However, this does not have any bearing on the plaintiffs' preparation and the defendant's preparation in respect of the issue of the plaintiffs' damage. The defendant has indicated that it does not wish to have the plaintiffs independently Q medically examined, so that there is no need for a provision of that in any order. 0 0 The plaintiff has suggested that the defendant ought ·to be required to deliver any interrogat6ries on or before 16 August 1993. It is suggested on behalf of the defendant that this is too short a time. However, the defendant has had time to consider the question of interrogatories and it seems to me a further three weeks is adequate. So far as the third party proceedings are concerned, all that I can do today is order a date for the hearing of the demurrer and adjourn the balance of the application until that is concluded. I make the following orders: that the defendant ·deliver interrogatories, if any, for the examination of the plaintiffs on or before Monday, 16 August 1993; that the plaintiffs file ORDER 2 10 20 30 40 50 60 -- 2 of 3 -- 260793 (Demack J) and serve answers to the defendant's interrogatories, if any, on or before Monday, 6 September 1993; that·the demurrer which has been entered for hearing be heard on 6 September 1993; that the plaintiffs' application so far as it relates to the third party proceedings be adjourned until 6 September 1993. _ Costs of the application will be costs in the cause. ORDER 3 10 20 0 0 30 0 40 0 50 60 -- 3 of 3 --