Robinson v Professor Lance; Robinson v Dr Hampshire [2012] NSWSC 88

Robinson v Professor Lance; Robinson v Dr Hampshire [2012] NSWSC 88

Having regard to the dictates of justice and the overriding purpose in the Civil Procedure Act 2005, the Motor Accidents Authority and GIO General Ltd were necessary for determination of all matters in dispute, or which may be in dispute, in the Professor Lance proceedings and should be joined under UCPR 6.24. There was no obvious or principled basis to join or link the Professor Lance proceedings with the Dr Hampshire proceedings, and no basis to join any other party to the Dr Hampshire proceedings.

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Procedural and Other Rulings / Directions Hearing; Joinder of Parties Under UCPR 6.24
Outcome
Motor Accidents Authority and GIO General Ltd joined as defendants to the Professor Lance proceedings; no costs order; both proceedings stood over for directions.
Legal Topics
['joinder of Proper or Necessary Party' 'directions' 'medical Assessor Certificate' 'default Judgment for Unliquidated Damages']
['civil Procedure' 'motor Accidents Compensation' 'professional Negligence'] ['joinder of Proper or Necessary Party' 'directions' 'medical Assessor Certificate' 'default Judgment for Unliquidated Damages']

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Procedural Posture

Procedural and Other Rulings / Directions Hearing; Joinder of Parties Under UCPR 6.24

Legal Issues

  1. 1 ['Whether the Motor Accidents Authority and GIO General Ltd should be joined as parties to the Professor Lance proceedings.' 'Whether the Professor Lance proceedings and the Dr Hampshire proceedings should be joined or linked procedurally.' 'Whether any other party should be joined to the Dr Hampshire proceedings.']

Ratio Decidendi

Having regard to the dictates of justice and the overriding purpose in the Civil Procedure Act 2005, the Motor Accidents Authority and GIO General Ltd were necessary for determination of all matters in dispute, or which may be in dispute, in the Professor Lance proceedings and should be joined under UCPR 6.24. There was no obvious or principled basis to join or link the Professor Lance proceedings with the Dr Hampshire proceedings, and no basis to join any other party to the Dr Hampshire proceedings.

Court Disposition

Motor Accidents Authority and GIO General Ltd joined as defendants to the Professor Lance proceedings; no costs order; both proceedings stood over for directions.

Orders

  • ['Order that the Motor Accidents Authority and GIO General Ltd be joined as the second and third defendants respectively to the Professor Lance proceedings.' 'Make no order as to the costs of today.' "Stand both of the Professor Lance proceedings and the Dr Hampshire proceedings into the Registrar's list for...