CRAWLEY v VERO INSURANCE LTD & ORS [2012] NSWSC 593

Supreme Court New South Wales

Medium Neutral Citation: CRAWLEY v VERO INSURANCE LTD & ORS [2012] NSWSC 593 Hearing dates: 1 June 2012 Decision date: 14 June 2012 Jurisdiction: Common Law Before: BEECH-JONES J Decision: (1) Pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005, that the following question be decided separately after the trial of all other issues in the proceedings, namely: "what amount, if any, of the items specified in sub-paragraphs 10(t) and 10(u) of the Amended Statement of Claim can the plaintiff or the cross-claimant recover?" (2) The defendant's notice of motion filed 26 March 2012 be otherwise dismissed. (3) The matter be listed for further directions on 12 July 2012 at 9.30am before me. (4) Any party seeking a different form of cost order to that foreshadowed in [44] of this judgment, to file and serve written submissions not exceeding two pages on or before 23 June 2012. (5) Any reply to any written submissions referred to in order (4) to not exceed two pages and to be filed and served on or before 1 July 2012. Catchwords: Procedure - separate question Legislation Cited: Legal Profession Act 2004 Civil Procedure Act s 56 Uniform Civil Procedure Rules 2005 rule 28.2 Cases Cited: Bailey v Director-General, Department of Energy Climate Change and Water [2010] NSWSC 979 Commonwealth Bank of Australia v Clune [2008] NSWSC 1125 Crawley v Short [2009] NSWCA 410 (2009) 262 ALR 654 Crawley v Short (No 2) [2010] NSWCA 97 Short v Crawley (No 30) [2007] NSWSC 1322 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215; Intergral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 Southwell v Bennett [2010] NSWSC 1372 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Tepko Pty Ltd v The Water Board [2001] HCA 19; (2001) 206 CLR 1 Warragamba Winery Pty Ltd v New South Wales [2010] NSWSC 66 Category: Interlocutory applications Parties: Christopher William Crawley (Plaintiff) Vero Insurance Ltd (Defendant) Representation: Mr MLD Einfeld QC with Mr AC Harding (Plaintiff) Mr DL Williams SC with Ms LW Chan (Defendant) Bruce Stewart Dimarco Lawyers (Plaintiff) Colin Biggers & Paisley (Defendant) File Number(s): 2010/397627