Chapman v Dickinson [2018] NSWDC 359

District Court New South Wales

Medium Neutral Citation: Chapman v Dickinson [2018] NSWDC 359 Hearing dates: 19 October 2018 Date of orders: 19 October 2018 Decision date: 27 November 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendants' Amended Notice of Motion filed on 19 October 2018 dismissed. (2) Defendants pay plaintiff's costs. (3) Liberty to apply in relation to costs. (4) Parties to bring in short minutes of order for the future conduct of these proceedings. Catchwords: PRACTICE AND PROCEDURE – application for separate trial (r 28.2 Uniform Civil Procedure Rules 2005 (NSW)) as to whether the plaintiff was a "worker or deemed worker by reason of the Workplace Injury Management and Workers Compensation Act 1998 and/or the Workers Compensation Act 1987" – criteria for ordering a separate trial of issues, contrary to the general practice of determining all issues at the same time – absence of agreed facts – issue not suited to severability – application for separate trial refused Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), ss 38 and 192A Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Workers Compensation Act 1987 (NSW) Workers Compensation Commission Rules 2001 (NSW), Part 11 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 60, 280A and 315 Cases Cited: Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 Bailey v Director‑General Department of Natural Resources [2013] NSWSC 515 Blair v Curran (1939) 62 CLR 464 Kashyap v Sydney Local Health District [2014] NSWSC 182 Langley v AMP Capital Investors Ltd [2007] NSWSC 937 LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45 On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) [2011] FCA 366 Street v Luna Park Sydney Pty Limited [2007] NSWSC 697 The Star Pty Ltd v Mitchison [2017] NSWCA 149 Category: Procedural and other rulings Parties: Plaintiff: Christopher Chapman First Defendant: Justin Dickinson Second Defendant: Annette Patrick trading as White Heavy Haulage Representation: Counsel: Plaintiff: Mr R Goodridge Defendants: Mr A J Parker