Hanson v Tamworth Regional Council [2011] NSWDC 72

District Court New South Wales

Medium Neutral Citation: Hanson v Tamworth Regional Council [2011] NSWDC 72 Hearing dates: 9 May 2011 Decision date: 09 May 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to file in court the affidavit of Susan Gai Moran dated 6 May 2011. (2) On the application of the plaintiffs, and consented to by the defendant, the hearing of these proceedings on 1 August 2011 is vacated. (3) On the application of the parties, costs are reserved. (4) Time for the plaintiffs to file and serve evidence, including all expert evidence, extended to 30 June 2011. (5) Defendant's evidence in reply, including expert evidence, by 22 July 2011. (6) Plaintiffs to file evidence in reply, including expert evidence, by 19 August 2011. (7) Matter stood over for further directions to Friday 20 May 2011 at 9:00am before Gibson DCJ for a consideration of any outstanding issues concerning pleadings and particulars. Catchwords: TORT - negligence - joint application by parties to vacate hearing date - case managment of complex building cases Legislation Cited: Civil Liability Act 2002 (NSW), ss 35 and 35A Cases Cited: Atkins v Interprac Financial Planning Pty Ltd [2007] VSC 445 Lee v Keddie [2011] NSWCA 2 Permanent Custodians Ltd v King [2010] NSWSC 509 Shrimps v Landmark Operations Limited [2007] FCA 1468 Ucak v Avante Developments Pty Ltd [2007] NSWSC 367 Texts Cited: Justice McDougall, "Proportionate Liability In Construction Litigation" (2006) 22(6) BCL 394 Lim and Wayland, "Litigation Update: proportionate liability", Australian Civil Liability (Newsletter) (2008) Volume 5 No 1 (May 2008) Category: Procedural and other rulings Parties: First Plaintiff: Geoffrey Hanson Second Plaintiff: Christine Hanson Defendant: Tamworth Regional Council Representation: --- Plaintiffs: Harris Wheeler Lawyers Defendant: Moray & Agnew File Number(s): 2009/332933 Publication restriction: None