Schilling v Smith [2022] NSWDC 298

District Court New South Wales

Medium Neutral Citation: Schilling v Smith [2022] NSWDC 298 Hearing dates: 25 & 26 July 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Pursuant to UCPR r 28.2, the question of liability of the first defendant Adam Smith is to be determined as a separate question to the assessment of the plaintiff's claim for damages; 2. Verdict and judgment for the plaintiff against the first defendant Adam Smith on the question of liability; 3. The part-heard hearing on the question of damages is fixed to resume before me at 10.00am on 8 August 2022; 4. In the interim, liberty for the plaintiff to apply to the Court for the making of facilitative case management orders, including orders for substituted and abridged service of damages documentation on the first defendant. Catchwords: TORTS – intentional torts – assault; battery; sexual assault; determination of liability as a separate question pursuant to UCPR r 28.2 Legislation Cited: Civil Procedure Act 2005 (NSW), s 14, s 56, s 58(2) UCPR r 28.2 Cases Cited: Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Trobridge v Hardy (1955) 95 CLR 147; [1955] HCA 68 Category: Principal judgment Parties: Daniel Schilling (Plaintiff) Adam Troy Smith (First defendant) Representation: Counsel: Mr T Meakes (Plaintiff) No appearances for the defendants

Solicitors: Wyatts Lawyers (Plaintiff) (First defendant's solicitor filed a notice of ceasing to act on 18 February 2022) File Number(s): 2020/106671 Publication restriction: None