NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Chapman v Gibbo's Transport Pty Ltd & Ors (No 3) [2023] NSWSC 754 Hearing dates: 30 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) I dismiss that part of the second defendant's motion seeking an order pursuant to r 28.2 of the UCPR. (2) I grant leave to the second defendant to file and serve the third cross-claim found at annexure "A" to its motion within 7 days, i.e. by 6 July 2023. (3) The third defendant is to file and serve a defence to the third cross-claim by 3 August 2023. (4) Costs of each party are costs in the cause. Catchwords: CIVIL PROCEDURE – notice of motion – separate question - separate trial severing liability and quantum – whether severing of liability and quantum will create delay – application dismissed CIVIL PROCEDURE – notice of motion - cross-claim – whether cross-claim is arguable – leave granted to file cross-claim Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Chapman v Gibbo's Transport and Ors (No 2) [2023] NSWSC 186 Hoban v New South Wales Land & Housing Corporation [2008] NSWSC 1121 Idoport Pty Ltd & Anor v National Australia Bank Ltd & Ors; Idoport Pty Ltd & Market Holdings Pty Ltd v Donald Robert Argus; Idoport Pty Ltd "JMG" v National Australia Bank [2000] NSWSC 1215 QBE Insurance (Australia) Ltd v Mordue [2015] NSWCA 380 Southwell v Bennett [2010] NSWSC 1372 Tepko Pty Limited v Water Board (2001) 206 CLR 1; [2001] HCA 19 Wipro Ltd v State of New South Wales & Anor [2022] NSWSC 907 Category: Procedural rulings Parties: Michael William Chapman (Plaintiff) Gibbo's Transport Pty Ltd (First Defendant) Qube Logistics (SL) Pty Ltd (Second Defendant) QBE Insurance Australia Limited (Third Defendant) Representation: Counsel: R de Meyrick (Plaintiff) G J Parker SC (Second Defendant) J Catsanos SC (Third Defendant)
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