Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital; Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital [2020] NSWSC 1653

Supreme Court New South Wales

Medium Neutral Citation: Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital; Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital [2020] NSWSC 1653 Hearing dates: 19 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Common Law Before: Schmidt AJ Decision: The motion is dismissed. The usual order under the Rules is that costs follow the event, which in this case is an order that Crystal Bubs and Mr Jordan bear the plaintiff's costs of the motion, as agreed or assessed. Unless the parties approach to be heard on costs within 7 days, that will be the Court's order. Catchwords: PRACTICE AND PROCEDURE – Separate determination – Uniform Civil Procedure Rules 2005 (NSW), r 28.2 – Application to consider liability in relation to two defendants before other issues – Where there are significant disputes of fact – Where plaintiff's credibility is likely to be in issue both on liability and damages – Motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) ss. 56, 57, 58(2), 59, 60 Uniform Civil Procedure Rules 2005 (NSW) r. 28.2 Cases Cited: ABB Engineering Construction Pty Ltd v Freight Rail Corp [1999] NSWSC 1037 Bailey v Director-General Department of Energy Climate Change and Water [2010] NSWSC 979 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; (2001) 178 ALR 634 Category: Principal judgment Parties: 2020/164448 Adriana Fiore (1st Plaintiff) Marcelo Fiore (2nd Plaintiff) Nepean Blue Mountains Local Health District trading as Nepean Hospital (1st Defendant) Mr Raymond Allan Jordan (2nd Defendant) Crystal Bubs Pty Ltd (3rd Defendant) 2020/171712 Valentina Fiore (1st Plaintiff) Sienna Fiore (2nd Plaintiff) Nepean Blue Mountains Local Health District trading as Nepean Hospital (1st Defendant) Mr Raymond Allan Jordan (2nd Defendant) Crystal Bubs Pty Ltd (3rd Defendant) Representation: Counsel: D. Elliott (All Plaintiffs) P. Folino-Gallo (Second and Third Defendants) Solicitors: Gerard Malouf & Partners (All Plaintiffs) Crown Solicitors (1st Defendant) Marsdens Law Group (2nd and 3rd Defendants) File Number(s): 2020/164448 2020/171712