Jones v Ranginui [2018] NSWDC 493

District Court New South Wales

Medium Neutral Citation: Jones v Ranginui [2018] NSWDC 493 Hearing dates: 16, 17 May 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: Notice of motion dismissed. Defendant to pay the plaintiff's costs. I order that this matter be listed for directions on the first day of the first sittings of this Court in 2019. Catchwords: MOTOR ACCIDENT CLAIM – PRACTICE AND PROCEDURE – A truck being driven by first defendant collides with rear of a minibus as both are travelling north on the Hume Highway near Jugiong – Plaintiff a passenger in a motor vehicle which arrives shortly after the collision – A woman in the back of the minibus was severely injured – Plaintiff, a "good samaritan/rescuer", seeks to resuscitate woman, successfully, before arrival of ambulance – Woman later dies in hospital of her injuries – Plaintiff's action in negligence against first defendant and owner of truck – Case not yet ready for trial at Wagga Wagga – Defendant seeks separate trial of a number of factual and legal issues, pursuant to UCPR 28.2 Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Crawley v Vero Insurance Limited [2012] NSWSC 593 Southwell v Bennett [2010] NSWSC 1372 Wicks v State Rail Authority (NSW) (2010) 241 CLR 60 Category: Procedural and other rulings Parties: Marion June Jones (Plaintiff) Kerei Watene Motuka Ranginui (First Defendant) K & S Freighters Pty Limited (Second Defendant) Representation: Counsel: Mr I Roberts SC (Plaintiff) Mr J Sleight (Defendants)