Nettleton v Rondeau [2013] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: Nettleton v Rondeau [2013] NSWSC 1321 Hearing dates: 29 August 2013 Decision date: 29 August 2013 Jurisdiction: Common Law Before: Hall J Decision: (1) Pursuant to rule 28.2 of the Uniform Civil Procedure Rules, the question of liability be separately determined from the question of damages. (2) Costs of the application are costs in the cause. Catchwords: PROCEDURE - application under 28.2 UCPR for separate determination of liability and damages - plaintiff sustained complete paraplegia to the T10 spinal cord level - plaintiff's injuries sustained 19 months before the hearing date of the application rendering uncertain his future employment prospects - in particular, uncertainty as to whether plaintiff will continue in post-accident employment - no suggestion of overlap of issues or of evidence - whether practical and proper course for issues to be separately determined - no countervailing circumstances against severance - application granted Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules, r 28(2) Cases Cited: Commonwealth Bank of Australia v Clune [2008] NSWSC 1125 Hawkins v New Mendp Engineering Limited [1963] 3 All ER 228 Idoport v National Australia Bank Ltd [2000] NSWSC 1215 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 McKenzie v Downing [2008] NSWSC 69 Perre v Apand Pty Ltd (1999) 198 CLR 180 Category: Interlocutory applications Parties: Bruce Nettleton (Plaintiff) Jocelyn Germaine Rondeau (Defendant) Representation: Counsel: AS Morrison SC (Plaintiff) J Guihot (Defendant) Solicitors: Stacks Goudkamp (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2012/308746