NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Melenewycz v Whitfield (No 2) [2015] NSWSC 1957 Hearing dates: 17 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Common Law Before: Hamill J Decision: Adjourned the issue of damages until 26 April 2016 for mention or directions. Catchwords: CIVIL PROCEDURE – separation of issues of liability and quantification of damages – parties agree that the issues should remain separated to allow the defendant to appeal on the question of liability – where question of construction not previously determined by superior court – where parties not in a position to adduce evidence as to damages – where other cases in the Court awaiting determination of question of law – false economy in proceeding to assess damages Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Axiak v Ingram [2012] NSWCA 311; 82 NSWLR 36 Davis v Swift [2014] NSWCA 458 Mamo v Surace [2014] NSWCA 58 Melenewycz v Whitfield [2015] NSWSC 1482 Category: Consequential orders (other than Costs) Parties: Anthony Melenewycz (Plaintiff) David Patrick Whitfield (First Defendant) AAI Limited t/a Suncorp Metway (Second Defendant) Representation: Counsel: R Sheldon SC & J Gumbert (Plaintiff) K P Rewell SC (First & Second Defendants)
Solicitors: Monaco Solicitors (Plaintiff) Curwoods Lawyers (First & Second Defendants) File Number(s): 2014/00233733 Publication restriction: Nil
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