Hannam v State of New South Wales [2020] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: Hannam v State of New South Wales [2020] NSWSC 1492 Hearing dates: 26 October 2020 Date of orders: 26 October 2020 Decision date: 26 October 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The notice of motion is dismissed. (2) The defendant is to pay the plaintiff's costs of the motion as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application for separate determination of liability and damages – Whether making the order would give effect to the just, quick and cheap resolution of issues – No basis on which to alter the general rule that all matters be determined in the one hearing – Notice of motion dismissed COSTS – Whether any order for costs in the plaintiff's favour should be accompanied by an order that costs be payable forthwith on the basis that it would provide an indigent plaintiff with a 'fund' for the purposes of the litigation – Not a proper basis on which to alter the general rule – Order that defendant pay the plaintiff's costs as agreed or assessed PRACTICE AND PROCEDURE – Proceedings commenced by the plaintiff almost 2 years ago – Limited steps taken since that time to prosecute the case with proper efficiency and diligence – Close case management required Legislation Cited: Civil Liability Act 2002 (NSW). Civil Procedure Act 2005 (NSW) (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Ford v Greer [2008] NSWSC 1181 Neumann Contractors Pty Ltd v Wyong Shire Council [2011] NSWSC 481 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Category: Procedural and other rulings Parties: Andrew Hannam – Plaintiff State of NSW – Defendant Representation: Counsel: J Maconachie QC – Plaintiff M Hutchings – Defendant