Miller v Lithgow City Council [2013] NSWSC 427

Supreme Court New South Wales

Medium Neutral Citation: Miller v Lithgow City Council [2013] NSWSC 427 Hearing dates: 22/02/2013 Decision date: 30 April 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to Part 28 r 2 of the Uniform Civil Procedure Rule 2005, I order that all issues in the proceedings except for those issues relating to the assessment of the plaintiff's injuries and disabilities and the quantification of her damages, be heard separately from and before the excepted issues. (2) I order that the proceedings be heard for a period of 10 days commencing on 9 September 2013. (3) Costs of the motion to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE - separation of issues for trial - whether separation of issues will facilitate the just, quick and cheap resolution of the real issues in the dispute - no point of principle. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth Bank of Australia v Clune [2008] NSWSC 1125; Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180; Thiering v Daly [2011] NSWSC 1345 Category: Procedural and other rulings Parties: Emilie Kate Miller by her tutor Donna Maree Miller (P) Lithgow City Council (D1) The Uniting Church in Australia Property Trust (NSW) (D2) Representation: Counsel: E G Romanuik (P) P Knowles (D1) L Gadner (D2) Solicitors: McIntosh McPhillamy & Co (P) DLA Piper Australia (D1) Moray & Agnew (D2) File Number(s): 2010/401465