Lila Foxall (by her tutor Robert Foxall) v Kristy Carter [2023] NSWSC 747

Supreme Court New South Wales

Medium Neutral Citation: Lila Foxall (by her tutor Robert Foxall) v Kristy Carter [2023] NSWSC 747 Hearing dates: 23 May 2023 Date of orders: 3 July 2023 Decision date: 03 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The defendant's notice of motion filed 22 November 2022 is dismissed. (2) The defendant is to pay the plaintiffs' costs. Catchwords: CIVIL PROCEDURE –– whether liability be heard and determined separately to issue of quantum – where multiple claims of relief sought – where question of liability is contested – where plaintiff suffers catastrophic injuries – where parties suffer consternation and hardship from lengthy and ongoing litigation – where no good reason warranting separate determinations – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) s 61 Uniform Civil Procedure Rules 2005 (NSW) rr 28.2 and 29.4 Cases Cited: Binge-Grose by her tutor Binge v State of New South Wales [2016] NSWSC 1228 Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 430 Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218 [77]-[80] Nettlelon v Rondeau [2013] NSWSC 1321 Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36 Southwell v Bennett [2010] NSWSC 1372 Tepko Pty Ltd v Water Board (2001) 260 CLR 1; [2001] HCA 19 Thomas v Oakley [2003] NSWSC 1033 Category: Procedural rulings Parties: Lila Foxall (by her Tutor Robert Foxall) (First plaintiff) Suzanne Foxall (Second plaintiff) Kristy Carter (Defendant) Representation: Counsel: