Butcher bht Duffy v Habkouk [2021] NSWDC 500

District Court New South Wales

Medium Neutral Citation: Butcher bht Duffy v Habkouk [2021] NSWDC 500 Hearing dates: 10 June 2021 with submissions closing 16 September 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Civil Before: Wilson SC DCJ Decision: Orders at [152]: 1. the defendant's amended notice of motion filed 10 June 2021 (and any earlier iterations thereof) is (are) dismissed; 2. the defendant is to pay the plaintiff's costs of and incidental to the notice of motion; 3. the parties are granted liberty to apply within 14 days to vary the costs order; 4. I list the matter for directions before the presiding Judge of the next sittings of the Court commencing 15 November 2021 Catchwords: CIVIL – Plaintiff's father died after being struck by the defendant (intentional tort – battery and negligence alleged) – interlocutory application by defendant for dismissal (as an abuse of process) or a permanent stay (on Anshun estoppel principles) – previous proceedings brought and settled by plaintiff against defendant under Compensation to Relatives Act 1987 (NSW) – following settlement of first proceedings second proceedings brought by plaintiff for mental harm. Legislation Cited: Civil Liability Act 2002 (NSW) ss 30, 31 Civil Procedure Act 2005 (NSW) s 76(3) Compensation to Relatives Act 1897 (NSW) s 5 Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 (NSW) ss 13.4(1); 13.4(1)(c) Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27 Champerslife Pty Ltd v Manojlovski & Anor [2010] NSWCA 33 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] 112 CLR 125 Henderson v Henderson (1843) Eng R 917 Johnson v Gore Wood & Co. [2002] 2 AC 1 Mineralogy Pty Ltd v Sino Iron Pty Ltd [No. 2] (2021) WASCA 105 Port of Melbourne Authority v Anshun (1981) 147 CLR 89 Tomlinson v Ramsey Food Processing Pty Ltd (2015) HCA 28 UBS AG v Tyne [2018] HCA 45 Texts Cited: None Category: Procedural rulings Parties: Kalais Ann Butcher (Plaintiff/Respondent) George Joseph Habkouk (Defendant/Applicant) Representation: Counsel: Mr R Quickenden (Plaintiff/Respondent) Mr K Andrews (Defendant/Applicant)