Cook by her tutor Kristy Stewart v Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre [2023] NSWSC 1503

Supreme Court New South Wales

Medium Neutral Citation: Cook by her tutor Kristy Stewart v Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre [2023] NSWSC 1503 Hearing dates: 29 November 2023 Date of orders: 29 November 2023 Decision date: 04 December 2023 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to the Uniform Civil Procedure Rules 29.4 and 28.2 the issue of liability of the defendants for the injuries suffered by the plaintiff, including issues raised on any cross claims, is to be heard and determined separately and prior to the hearing and determination of quantum of damages. (2) The second defendant is to pay the plaintiff's costs of the notice of motion including counsel's fees. (3) The first defendant is to bear its own costs of the notice of motion. Additional case management orders in para [39]. Catchwords: CIVIL PROCEDURE – notice of motion for liability issues to be determined separately to quantum – UCPR r 28.2 – where both defendants deny liability - where plaintiff is a mentally and physically disabled child with a complex leg injury that requires further skeletal growth before definitive surgery and outcome can be known – fall from horse when in the care of the defendants – lay witnesses – potential lengthy delays before damages can be fully assessed– application granted Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297 Southwell v Bennett [2010] NSWSC 137 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Category: Procedural rulings Parties: Breanne Cook by her tutor Kristy Stewart (Plaintiff) Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre (First Defendant) State of New South Wales (NSW Department of Education (Second Defendant) Representation: Counsel: W Reynolds (Plaintiff) M Best (Second Defendant)