NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Tjokro bht Tjokro v AAI Ltd t/as Vero Insurance [2023] NSWSC 62 Hearing dates: 8 February 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The application for a separate hearing of liability is refused. (2) The defendant is to serve any report in response to the report of Mr Cockbain dated 16 January 2020 within nine months of today. (3) The defendant is to inform the plaintiff's solicitors of any potential third-party, or relevant insurer, within nine months of today. (4) The costs of the notice of motion filed on 7 December 2021 are costs in the cause. Catchwords: PROCEDURE – notices of motion – application to separate liability from quantum – damages must await plaintiff becoming an adult – defendant's case on liability not ready – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Thomas v Oakley [2003] NSWSC 1033 Category: Procedural rulings Parties: Mr L Tjokro, by his tutor (Plaintiff) AAI Ltd t/as Vero Insurance (Defendant) Representation: Counsel: Mr J Isackson (Plaintiff) Mr D Kelly (Defendant)
Solicitors: Stacks Goudkamp (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2019/317890
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