Health Administration Corporation v John Holland Pty Ltd; Hicks v Northern NSW Local Health District; Chamberlain v John Holland Pty Ltd; Wisemantel v SKMW Pty Ltd [2022] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: Health Administration Corporation v John Holland Pty Ltd; Hicks v Northern NSW Local Health District; Chamberlain v John Holland Pty Ltd; Wisemantel v SKMW Pty Ltd [2022] NSWSC 767 Hearing dates: 10 June 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Equity - Technology and Construction List Before: Rees J Decision: District Court proceedings transferred under section 140(1), Civil Procedure Act 2005 (NSW), to be heard together with these proceedings and two Common Law Division proceedings as to liability pursuant to UCPR rule 28.5. Catchwords: CIVIL PROCEDURE – transfer of proceedings from District Court to Supreme Court – consolidation of two Common Law Division proceedings and District Court proceedings with Technology and Construction List proceedings – all proceedings involve common facts as to liability – all parties but one consent to transfer and consolidation. SEPARATE QUESTIONS – plaintiff seeks damages determined before liability – plaintiff "will certainly win" – contrary to common sense – unlosable cases are not infrequently lost – waste of time and costs to proceed otherwise. Legislation Cited: Civil Procedure Act 2005 (NSW) s 140(1) Uniform Civil Procedure Rules 2005 (NSW) r 28.5 Cases Cited: Engwirda v Robinson [2021] NSWSC 253 Ghose v CX Reinsurance Company Ltd & Ors [2010] NSWSC 110 Marzol v Joubert [2018] NSWSC 586 Category: Procedural rulings Parties: 2021/337367 Northern New South Wales Local Health District (2nd Plaintiff/Applicant) Health Administration Corporation (1st Plaintiff) John Holland Pty Limited (1st Defendant) SKMW Pty Ltd (2nd Defendant) Building Construction Test Laboratory Pty Ltd (3rd Defendant) Rose Wisemantel (1st Respondent) Leanne Chamberlain (2nd Respondent) Lida Song (3rd Respondent) Katie Helene Hicks (4th Respondent)