Walsh v Walgett Shire Council [2013] NSWSC 1434

Supreme Court New South Wales

Medium Neutral Citation: Walsh v Walgett Shire Council [2013] NSWSC 1434 Hearing dates: 25 September 2013 Decision date: 27 September 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the defendant's notice of motion. (2) Subject to an application for a different order being made in writing within seven days, order (a) the defendant to pay the plaintiff's costs of the motion; and (b) the cross-defendant to pay its own costs of the motion. (3) Grant liberty to the parties to approach my Associate within seven days for a date for further directions, or, if short minutes of order are agreed, for the purposes of having consent directions made in chambers. Catchwords: PRACTICE AND PROCEDURE - application for separate hearing of liability - prejudice to plaintiff - no benefit of court interest on judgment if assessment of damages deferred- decreased prospects of settlement if liability and damages heard separately Legislation Cited: - Civil Liability Act 2002, s 5K, s 5L, s 5S s 50(2) - Civil Procedure Act 2005, s 56, s 57, s 57(1)(b), s 57(1)(c), s 57(1)d), s 58, s 58(2)(b), s 58(2)(b)(i), s 82 - Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: - Fallas v Mourlas [2006] NSWCA 32; 65 NSWLR 418 - Idoport Pty Ltd v National Australia Bank Ltd & ors [2000] NSWSC 1215 - Roads and Traffic Authority of New South Wales v Dederer [2007] HCA 42; 234 CLR 330 - Wolfenden v International Theme Park Pty Ltd (Trading As Wonderland) and Anor [2008] NSWCA 78 Category: Interlocutory applications Parties: Daniel Peter Walsh (Plaintiff) Walgett Shire Council (Defendant) Rotary International District 9650 Incorporated (Cross-Defendant) Representation: Counsel: DR Campbell SC and IJ McGillicuddy (Plaintiff) G Donnellan (Defendant) DW King (Solicitor) (Cross-defendant) Solicitors: Beston Macken McManis (Plaintiff) DLA Piper Australia (Defendant) Gillis Delaney (Cross-defendant) File Number(s): 2012/380694 Publication restriction: Nil