CH v Bermingham [2013] NSWSC 1218

Supreme Court New South Wales

Medium Neutral Citation: CH v Bermingham [2013] NSWSC 1218 Hearing dates: 21 March 2013 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Notice of motion filed by the plaintiff on 7 December 2012 is dismissed. (2) Notice of motion filed by the first defendant on 22 February 2013 is dismissed. (3) Notice of motion filed by the second to sixth defendants on 20 March 2013 is dismissed. (4) No order as to costs. (5) The matter is listed at 9am on Friday 13 September 2013 in the Common Law Registrar's List. Catchwords: PRACTICE AND PROCEDURE - plaintiff pleaded she was under disability - whether limitation defence should be separately determined - whether any substantial factual overlap - credibility findings necessary - undesirability of inconsistent findings - whether damages should be separately determined - all issues to be determined in one hearing - motions dismissed Legislation Cited: Limitation Act 1969 Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 Cases Cited: Guthrie v Spence [2009] NSWCA 369; 78 NSWLR 225 Thiering v Daly [2011] NSWSC 1345 Wardley Australia Ltd v Western Australia [1992] HCA 55; (1992) 175 CLR 514 Category: Interlocutory applications Parties: CH (P) Margaret Bermingham (D1) The Trustees of the Roman Catholic Church for the Diocese of Lismore, Catholic Education Office (D2) Sister Barbara Bolster and the Trustees of the Sisters of Mercy (D3) Sister Margaret Hogan (D4) Geoffrey Hylton Jarrett (D5) John Steven Satterthwaite (D6) Representation: Counsel: D S Weinberger (P) J A Ringrose (D1) G Bateman (D2-6) Solicitors: Karp O'Neill Solicitors & Barristers (P) MBT Lawyers (D1) Makinson & d'Apice Lawyers (D2-6) File Number(s): 2011/411947