Paul Timothy Minogue v David Jonathan Rudd [2011] NSWSC 966

Supreme Court New South Wales

Medium Neutral Citation: Paul Timothy Minogue v David Jonathan Rudd [2011] NSWSC 966 Hearing dates: 22 August 2011 Decision date: 29 August 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) That all issues in relation to liability in the proceedings be heard and determined separately to issues in relation to damages, pursuant to UCPR 28.2. (2) Costs are costs in the cause. Catchwords: PROCEDURE - civil - interlocutory issues - partitioning hearing - severability of issues - application that all issues in relation to liability in the proceedings be heard and determined separately to issues in relation to damages, pursuant to rule 28.2 of the Uniform Civil Procedures Rules 2005 Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037 Admiral 1 Pty Ltd v Leighton Contractors Pty Ltd [2005] NSWSC 1105 Downey v Acting District Court Judge Boulton (No 4) [2010] NSWCA 114 Dunstan v Simmie & Co Pty Ltd [1978] VR 669 Flore v New South Wales Dept of Education and Training [2006] NSWSC 1227 Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWSC 66 Idoport Pty Limited v National Bank Ltd [2000] NSWSC 1215 Integral Home Loans Pty Ltd & Anor v Interstar Wholesale Finance Pty Ltd & Anor [2006] NSWSC 1464 Perre v Apand Pty Limited (1999) 198 CLR 180 Pioneer Park Pty Limited v ANZ Banking Group Limited [2005] NSWSC 832 State of New South Wales v Lepore (2003) 212 CLR 511 Tepko Water Board Pty Ltd [2001] HCA 19 Tyrrell v The Owners Corporation Strata Scheme 40022 [2007] NSWCA 8 Category: Procedural and other rulings Parties: Paul Timothy Minogue - Plaintiff David Jonathan Rudd t/as Rudd & Co Constructions Pty Ltd - First Defendant John Anthony Tilden - Second Defendant DMW Carpentry Services Pty Ltd - Third Defendant Representation: B Gross QC - Plaintiff D A Lloyd - First Defendant D Hooke SC - Third Defendant Carroll & O'Dea - Plaintiff Wotton & Kearney - First Defendant Curwood Lawyers - Third Defendant File Number(s): 2008/289464