O’Connor v Suman [2015] NSWSC 1812

Supreme Court New South Wales

Medium Neutral Citation: O'Connor v Suman [2015] NSWSC 1812 Hearing dates: 27 November 2015 Date of orders: 27 November 2015 Decision date: 01 December 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Pursuant to Rule 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) that the question of the defendants' liability (including the question of whether any negligence or tortious conduct on the part of any of the defendants caused any damage) be decided first and separately from the question of quantum. (2) The conduct of the separate trial on the question of liability be subject to ongoing judicial management. (3) The costs of the motion be costs in the cause. Catchwords: PROCEDURE – notice of motion – separate trial severing quantum and liability – application for separate trial granted – costs Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Johnson v Trustees of the Roman Catholic Church [2009] NSWSC 309 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Thomas v Oakley [2003] NSWSC 1033 Category: Procedural and other rulings Parties: Caleb O'Connor (Plaintiff) Nirmal Suman (First Defendant) Zane Reidy (Second Defendant) Jake Hudson (Third Defendant) GEO Group Australia Pty Limited ABN 25051130600 (Fourth Defendant) Representation: Counsel: Mr M McAuley (Plaintiff) Mr A Chhabra (Third Defendant) Mr S McCarthy (Fourth Defendant)