Bowman v Bliss Early Learning Maroubra Pty Ltd [2024] NSWDC 600

District Court New South Wales

Medium Neutral Citation: Bowman v Bliss Early Learning Maroubra Pty Ltd [2024] NSWDC 600 Hearing dates: 06 December 2024 Date of orders: 06 December 2024 Decision date: 06 December 2024 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed on 1 November 2024: (1) The application is dismissed. (2) The costs of the Notice of Motion are to be costs in the cause. In relation to the proceedings generally: (3) The defendant is to serve any expert report as to liability by 28 February 2025. (4) The matter is listed before the List Judge for directions on 5 March 2025 at 9:30am. (5) Liberty to apply on 2 business days' notice. Catchwords: PRACTICE AND PROCEDURE – child suffers strangulation asphyxia at childcare centre – whether order should be made to determine a separate question as to liability Legislation Cited: Children (Education and Care Services) National Law (NSW) Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Allen v Gulf Oil Refining Ltd [1981] AC 1001 Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 1284 Crawley v Vero Insurance Ltd [2012] NSWSC 593 New South Wales v Lepore (2003) 212 CLR 511 Southwell v Bennett [2010] NSWSC 1372 Tepko Pty Ltd v The Water Board [2001] HCA 19; (2001) 206 CLR 1 Thomas v Oakley [2003] NSWSC 1033 Category: Procedural rulings Parties: Hannah Bowman (Plaintiff) Bliss Early Learning Maroubra Pty Ltd (Defendant) Representation: Counsel: S Holmes (Plaintiff) G Devery (Solicitor)(Defendant)