Casey v Hart & Hart v Casey [2016] NSWDC 317

District Court New South Wales

Medium Neutral Citation: Casey v Hart & Hart v Casey [2016] NSWDC 317 Hearing dates: 28 October 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) Pursuant to UCPR r 28.2, the question of primary liability is severed and listed as a separate question for determination prior to the hearing of the remainder of the proceedings; (2) The orders sought in the Notice of Motion filed by the Plaintiff Casey, in paragraph [1] and in the Amended Notice of Motion, by the Plaintiff Hart in paragraphs [1](a) – (c) are declined; and (3) The Plaintiffs are to pay the Defendants' costs. Catchwords: APPEARANCES AND REPRESENTATION – separate representation of parties in interests as Plaintiff and Defendant – disapproval through costs orders – power of Court to restrain compulsory third party insurer from acting in the interests of insured Defendant

PRACTICE AND PROCEDURE – separate question for determination prior to hearing of the remainder of proceedings – power of Court to control proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) s 62 Evidence Act 1995 (NSW) s 26 Motor Accidents Compensation Act 1999 (NSW) s 77, 78, 79, 81, 87, 119 Uniform Civil Procedure Rules (NSW) rr 6.1, 6.9, 6.32, 7.8, 28.2 Cases Cited: Canberra Residential Developments Pty Ltd v Brendas [2010] FCAFC 125 Elphick v Westfield Shopping Centre Management Company Pty Ltd [2011] NSWCA 356 GPI Leisure Corp Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 Grimwade v Meagher & Ors [1995] 1 VR 446 Hodgson v Crane (2002) 55 NSWLR 199; [2002] NSWCA 276 Newcastle City Council v GIO General Limited (1997) 191 CLR 85 Roth v RTA & Ors [2009] NSWSC 295 Southwell v Bennett [2010] NSWSC 1372 Tan v Mitchell [2006] NSWCA 178 Van Eeden v Henry (2005) 62 NSWLR 301; [2005] NSWCA 14 Category: Procedural and other rulings Parties: Ms Beverley June Casey Mr Sidney Robert Hart Representation: Counsel: Mr E Romaniuk SC with Mr M Eirth (for the Plaintiff, Casey) Mr S Harben SC (for the Defendant, Hart) Mr T Hickey (for the Plaintiff, Hart) Mr A Stone SC (for the Defendant, Casey)