El Chami v Mackie [2019] NSWSC 821

Supreme Court New South Wales

Medium Neutral Citation: El Chami v Mackie [2019] NSWSC 821 Hearing dates: 18 June 2019 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff's notice of motion filed 28 March 2019 is dismissed.

(2) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – Separate determination – Uniform Civil Procedure Rules 2005 (NSW), r 28.2 – Application to consider the issue of liability prior to quantum – Where there is a significant overlap of evidence – Where the plaintiff's credibility is central to determining both liability and quantum

TORT – Personal injury – Motor accident – Where the defendant alleges that the plaintiff is fraudulently claiming to have been in the vehicle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 60 Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 28.4(1) Cases Cited: ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037 Crawley v Vero Insurance Ltd [2012] NSWSC 593 Dunstan v Simmie & Co Pty Ltd [1978] VR 669 Mason v Demasi [2009] NSWCA 227 Perre v Apand Pty Limited (1999) 198 CLR 180; [1999] HCA 36 Southwell v Bennett [2010] NSWSC 1372 State of New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4 Tepko Pty Limited v Water Board (2001) 206 CLR 1; [2001] HCA 19 Category: Procedural and other rulings Parties: Bilal El Chami (Plaintiff) Steven Nicholas Mackie (First Defendant) JJ Richards & Sons Pty Ltd (Second Defendant) Representation: Counsel: E Romaniuk SC with B Tzatzagos (Plaintiff) D D Feller SC (Defendants)