McDonnell v Northern Sydney & Central Coast Area Health Service [2010] NSWSC 376

McDonnell v Northern Sydney & Central Coast Area Health Service [2010] NSWSC 376

The appeal must be dismissed as the Plaintiffs failed to establish any error of principle by the primary Judge in declining to order a separate determination of liability and causation; there was considerable crossover of evidence and credibility issues which justified hearing all matters together.

Jurisdiction
Australia
Judgment Date
13 May 2010
Procedural Posture
Appeal / Final Judgment on Appeal From Associate Judge's Procedural Order
Outcome
Appeal dismissed; time for filing extended; Amended Notice of Motion dismissed; Plaintiffs to pay Defendants' costs of Amended Notice of Motion.
Legal Topics
['appeal and New Trial' 'separate Questions' 'credibility' 'causation' 'quantum']
['civil Procedure'] ['appeal and New Trial' 'separate Questions' 'credibility' 'causation' 'quantum']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Final Judgment on Appeal From Associate Judge's Procedural Order

Legal Issues

  1. 1 ['Whether the Associate Judge erred in declining to order a separate determination of liability and causation prior to quantum issues in proceedings' 'Whether the primary Judge failed to apply proper principles post Civil Procedure Act' 'Whether the primary Judge proceeded on an erroneous basis as to credibility of the Plaintiffs']

Ratio Decidendi

The appeal must be dismissed as the Plaintiffs failed to establish any error of principle by the primary Judge in declining to order a separate determination of liability and causation; there was considerable crossover of evidence and credibility issues which justified hearing all matters together.

Court Disposition

Appeal dismissed; time for filing extended; Amended Notice of Motion dismissed; Plaintiffs to pay Defendants' costs of Amended Notice of Motion.

Orders

  • ['Extend time for the filing of the appeal to 4 February 2010' 'Dismiss the appeal' 'Dismiss the Amended Notice of Motion' "The Plaintiffs are to pay the Defendants' costs of the Amended Notice of Motion"]