Yang v New South Wales Land and Housing Corporation [2020] NSWSC 1925

Supreme Court New South Wales

Medium Neutral Citation: Yang v New South Wales Land and Housing Corporation [2020] NSWSC 1925 Hearing dates: 23 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The following questions in the proceeding be determined separately and in advance pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW): (a) Whether the plaintiff was a person under a disability within the meaning of ss 11(3) and 52(1)(c) of the Limitation Act 1969 for the period: (i) between 8 February 2013 and 6 July 2013; and/or (ii) between 1 March 2017 and 21 March 2019; and/or (iii) between any such other periods between 8 February 2013 and 12 August 2019. (b) Depending on the answers to questions (a)(i), (a)(ii), and (a)(iii), whether the proceedings are statute-barred having regard to s 14 of the Limitation Act 1969. Catchwords: CIVIL PROCEDURE — Separate determination of questions — Whether appropriate — Where defence pleads action statute-barred — Where separate determination of discrete issue likely to bring end to proceedings or narrow issues in dispute Legislation Cited: Limitation Act 1969 (NSW), ss 11, 14, 52 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Category: Procedural and other rulings Parties: Yan Lim Yang (Plaintiff) New South Wales Land and Housing Corporation (Defendant) Representation: Counsel: N Obrart (Plaintiff) A Bhasin (Defendant)