Marriott v Brine (No 2) [2014] NSWSC 1715

Supreme Court New South Wales

Medium Neutral Citation: Marriott v Brine (No 2) [2014] NSWSC 1715 Hearing dates: 13 November 2014 Decision date: 03 December 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Leave to amend the amended statement of claim in the terms agreed is granted, but leave to withdraw the admission of recklessness is refused. 2. Mr Marriott is to bear the costs thrown away as the result of the amendment of that pleading and the costs of his motion, as agreed or assessed. 3. The second, fourth and fifth defendants' motion is dismissed. 4. The second, fourth and fifth defendants are to bear the costs of that motion, as agreed or assessed. Catchwords: PROCEDURE - pleadings - notice of motion - leave sought to amend statement of claim - granted - costs

PROCEDURE - admissions - application for leave to withdraw admisssion - refused

PROCEDURE - separate trial - notice of motion - severing quantum and liability - application for separate trial refused - costs Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Coopers Brewery Ltd v Panfida Foods Pty Ltd (1992) 26 NSWLR 738 Drabsch v Switzerland General Insurance Company Limited (1996) 130 FLR 127 Marriott v Brine [2013] NSWSC 1589 Tepko Pty Limited v Water Board [2001] HCA 19; (2001) 206 CLR 1 Category: Procedural and other rulings Parties: Jay Bernard Marriott (Plaintiff) Mark Brine (First Defendant) Bankstown Helicopters Pty Limited (Second Defendant) Kareela Aviation Pty Limited (Third Defendant) Eromssor Pty Limited (Fourth Defendant) QBE (Australia) Limited (Fifth Defendant) Representation: Counsel: Mr J Heazlewood (Plaintiff) Mr JS Emmett (Second, Fourth and Fifth Defendants) Solicitors: Robert Alexander Hannam (Plaintiff) Norton White (Second, Fourth and Fifth Defendants) File Number(s): 2010/50083 Publication restriction: None