Dickson v Chaffey & Reddawn [2012] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: Dickson v Chaffey & Reddawn [2012] NSWSC 336 Hearing dates: 4 April 2012 Decision date: 13 April 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Prayers 1 and 2 of the notice of motion dated 13 October 2011 be dismissed. 2. Stand over the balance of the notice of motion, including costs, to 3 May 2012 at 9.30 am before Beech-Jones J. 3. Direct the Plaintiff on or before 24 April 2012 to use its best endeavours to serve on the First Defendant: (i) a copy of these reasons; (ii) a covering letter advising the First Defendant of the date the matter is next before the Court, and advising the First Defendant, that if he wishes to make any submission to the contrary of the making of an order for a separate hearing on liability, that he may do so before Beech-Jones J on that date. 4. Direct the Plaintiff and the Second Defendant to confer as to the appropriate form of order for a separate hearing on liability. 5. Direct the Plaintiff and the Second Defendant to, on or before 27 April 2012, file and serve either an agreed form of order for a separate hearing on liability or, failing agreement, their own forms of order. 6. There be liberty to apply in relation to the above directions. 7. The exhibits be returned. Catchwords: PRACTICE AND PROCEDURE - summary judgment - vicarious liability - principle in Wickstead v Browne - preliminary question - separate hearing on liability. Legislation Cited: Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 Cases Cited: Alstom Australia Ltd v NAP Acoustics Pty Ltd [2004] NSWSC 217 Australian Securities Investments Commission v Sydney Investment House Equities Pty Ltd [2007] NSWSC 434 Boumelhem & Anor v NSW Crime Commission & Ors [2006] NSWSC 1413 Breheny v Cairncross & 2 Ors [2002] NSWCA 69 Canadian Pacific Railway Company v Lockhart [1942] AC 591 Deatons Pty Ltd v Flew (1949) 79 CLR 370 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Leerdam & Anor v Noori & Ors [2009] NSWCA 90; (2009) 255 ALR 553 Morris v C W Martin & Sons Ltd [1966] 1 QB 716 PAO & Ors v Trustees of the Roman Catholic Church for the Archdioceses of Sydney & Ors [2011] NSWSC 1216 Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180 State of New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Wickstead v Browne [1992] NSWCA 272; (1992) 30 NSWLR 1 Category: Interlocutory applications Parties: Steven George Dickson (Plaintiff) Russell Peter Chaffey (First Defendant, no appearance) Event Safety & Security Solutions Pty Ltd (ACN 117 191 287) trading as Reddawn (Second Defendant) Representation: Counsel: Mr S G Campbell SC (Plaintiff/Respondent on motion) Mr M T McCullough SC (Second Defendant/Applicant on motion) Solicitors: Stacks/Goudkamp Lawyers (Plaintiff/Respondent on motion) Wotton + Kearney (Second Defendant/Applicant on motion) File Number(s): 2010/401443