Kashyap v Sydney Local Health District [2014] NSWSC 182

Supreme Court New South Wales

Medium Neutral Citation: Kashyap v Sydney Local Health District [2014] NSWSC 182 Hearing dates: 27 February 2014 Decision date: 27 February 2014 Before: Harrison AsJ Decision: The Court orders that: (1) There be a separate trial of all issues relating to breach of duty and causation of damage, including the determination of the extent and cause of the plaintiff's injuries and disabilities caused by the defendant's tortious conduct (if any). (2) The balance of the proceedings being the quantification of damages, if any, resulting from the findings of fact in any trial pursuant to Order 1, are stood over generally to await the outcome of the earlier trial. (3) Costs of the plaintiff's notice of motion filed 27 April 2012 are costs in the cause. Catchwords: SEPARATE DETERMINATION - whether breach of duty and causation should be separated from damages Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 60 Uniform Civil Procedure Rules 2005 (NSW), Pt 28.2 Cases Cited: ABB Engineering Construction Pty Limited v Freight Rail Corporation [1999] NSWSC 1037 Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 Dunstan v Simmie & Co Pty Ltd [1978] VR 669 Idoport Pty Limited v National Bank Ltd [2000] NSWSC 1215 Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 King v Griffiths [2013] NSWSC 808 Perre v Apand Pty Limited [1999] HCA 36; (1999) 198 CLR 180 State of New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511 Tepko Pty Limited v Water Board [2001] HCA 19; (2001) 206 CLR 1 Category: Separate question Parties: Ashuthosh Kashyap bht Padmaja Sagarkavi (Plaintiff) Sydney Local Health District (formerly known as Sydney South West Area Health Service) (Defendant) Representation: Counsel: B C A Bradley (Plaintiff) S Woods (Defendant) Solicitors: Sharah & Associates (Plaintiff) Curwoods (Defendant) File Number(s): 2007/265162 Publication restriction: Nil