NSW Caselaw
New South Wales Supreme Court
CITATION : Flore v NSW Department of Education and Training [2006] NSWSC 1227
HEARING DATE(S) : 20 October 2006
JUDGMENT DATE : 17 November 2006
JUDGMENT OF : Simpson J
DECISION : Parties to formulate orders for the taking of evidence in Rome and London; single trial to proceed.
CATCHWORDS : damages for personal injury - negligence - liability in issue - contributory negligence - plaintiff's application to take evidence abroad - defendant's application for separate trials on liability and damages - applications interlinked and interdependent - test for taking evidence abroad - interests of justice - overseas witnesses material to plaintiff's case - caution against fragmentation of proceedings - onus on party seeking separate trials - just, quick and cheap resolution of trial issues
Civil Procedure Act 2005 s56 LEGISLATION CITED : District Court Act 1973 s51 Evidence on Commission Act 1995 s6 Uniform Civil Procedure Rules 2005 r28.2
ABB Engineering Pty Ltd v Freight Rail Corporation [1999] NSWSC 1037 Costello v South Eastern Sydney Area Health Service [2001] NSWSC 751 CASES CITED : Murphy & Ors v Chow [2003] NSWSC 303 Perre v Apand Pty Ltd [1999] HCA 36; 198 CLR 180 Tallglen Pty Ltd & Anor v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Tepko Pty Ltd v Water Board [2001] HCA 19; 206 CLR 1
PARTIES : Francesca Flore - Plaintiff NSW Department of Education and Training - Defendant
FILE NUMBER(S) : SC 20453/05
COUNSEL : AJ Bartley SC / C Thompson - Plaintiff DP O'Dowd - Defendant
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