Hossain v Unity Grammar College Ltd and Ors [2018] NSWSC 1204

Supreme Court New South Wales

Medium Neutral Citation: Hossain v Unity Grammar College Ltd and Ors [2018] NSWSC 1204 Hearing dates: 23; 24 July 2018 Date of orders: 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Common Law Before: Campbell J Decision: I will allow Mr Morris SC to cross-examine on this topic. Catchwords: NEGLIGENCE – severe personal injury - gas explosion at place of work - explosion - gas regulator negligently installed - gasfitting at School -Dangerous Goods (Gas Installations) Regulation 1998 (NSW)

EVIDENCE – whether a party can cross examine on a regulation which was not expressly pleaded - statement of claim - UCPR 14.14 - requirements of the rules in the overall context in which the question arises - central issue was whether the compliance plate had been attached - cross-examination allowed on this topic Legislation Cited: Dangerous Goods (Gas Installations) Regulation 1998 (NSW), regs 11, 15 Uniform Civil Procedure Rules 2005 (NSW), r 14.14 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Delwar Hossain (Plaintiff) Unity Grammar College Ltd (First Defendant) Binah Projecs Pty Ltd (Second Defendant) Five Star (Sixth Defendant) Elgas Limited (Seventh Defendant) Representation: Counsel: A Black SC with E E Welsh (Plaintiff) D A Lloyd (First Defendant) M Fordham SC with N Condylis (Third Defendant) P Cavanagh SC with J Tat (Sixth Defendant) P Morris SC (Seventh Defendant) R O'Neill (Third Cross Defendant on first cross-claim)