Andrews v State of New South Wales [2008] NSWSC 1034

Andrews v State of New South Wales [2008] NSWSC 1034

This is an appropriate case for the issues of liability to be heard separately from those relating to the assessment of damages, as doing so is likely to achieve significant costs savings and efficient management, without prejudicing the parties’ interests. Costs of the amendment application will be reserved and parties permitted to file evidence and submissions.

Parties
First Plaintiff: Graeme John Andrews; Second Plaintiff: Kay Lorraine Andrews; First Defendant: State of New South Wales; Second Defendant: Sydney Catchment Authority
Jurisdiction
Australia
Judgment Date
01 October 2008
Procedural Posture
Case Management Civil / Procedural Ruling on Amended Pleadings and Timetabling Orders
Outcome
Orders made on application; procedural directions given.
Legal Topics
Case Management, Amendment of Pleadings, Separate Determination of Issues, Costs
Civil Procedure Case Management Amendment of Pleadings Separate Determination of Issues Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Graeme John Andrews

First Plaintiff

Kay Lorraine Andrews

Second Plaintiff

State of New South Wales

First Defendant

Sydney Catchment Authority

Second Defendant

Procedural Posture

Case Management Civil / Procedural Ruling on Amended Pleadings and Timetabling Orders

Legal Issues

  1. 1 Whether leave should be granted to the plaintiffs to amend the statement of claim
  2. 2 Whether the defendants should be ordered to file defences to the amended statement of claim by a set date
  3. 3 Whether there should be separate hearings for liability and quantum

Ratio Decidendi

This is an appropriate case for the issues of liability to be heard separately from those relating to the assessment of damages, as doing so is likely to achieve significant costs savings and efficient management, without prejudicing the parties’ interests. Costs of the amendment application will be reserved and parties permitted to file evidence and submissions.

Court Disposition

Orders made on application; procedural directions given.

Orders

  • Plaintiffs granted leave to file and rely on amended statements of claim.
  • Costs of and incidental to the plaintiffs' application to further amend their statements of claim reserved.