Marzol v Joubert; Marzol v Killen [2018] NSWSC 586

Marzol v Joubert; Marzol v Killen [2018] NSWSC 586

The four proceedings should be heard together because they all arise out of or are connected with the birth of Eve Marzol and involve rights to relief arising out of the same transaction or series of transactions; there is considerable factual overlap in alleged psychiatric injury, domestic assistance and economic loss; hearing them together will avoid duplication, inconsistent findings, multiple appearances by witnesses and experts, and will reduce court time and costs, thereby serving the just, quick and cheap resolution of the proceedings.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Procedural and Other Rulings / Notice of Motion by Dr Killen for Four Factually Related Proceedings to Be Heard Together
Outcome
Application granted; order that the four proceedings be heard together with the evidence in one being treated as evidence in the others.
Legal Topics
['proceedings to Be Heard Together' 'consolidation of Proceedings' 'common Questions and Related Transactions' 'case Management' 'just, Quick and Cheap Resolution']
['civil Procedure'] ['proceedings to Be Heard Together' 'consolidation of Proceedings' 'common Questions and Related Transactions' 'case Management' 'just, Quick and Cheap Resolution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Rulings / Notice of Motion by Dr Killen for Four Factually Related Proceedings to Be Heard Together

Legal Issues

  1. 1 ['Whether four proceedings arising from or connected with the birth of Eve Marzol should be heard at the same time with the evidence in each case treated as evidence in all of the others.' 'Whether the proceedings involved common questions, rights to relief arising out of the same transaction or series of transactions, or other reasons making an order desirable under Uniform Civil Procedure Rules 2005 r 28.5.' 'Whether hearing the proceedings together would facilitate the just, quick and cheap resolution of the proceedings under Civil Procedure Act 2005 (NSW), s 56.']

Ratio Decidendi

The four proceedings should be heard together because they all arise out of or are connected with the birth of Eve Marzol and involve rights to relief arising out of the same transaction or series of transactions; there is considerable factual overlap in alleged psychiatric injury, domestic assistance and economic loss; hearing them together will avoid duplication, inconsistent findings, multiple appearances by witnesses and experts, and will reduce court time and costs, thereby serving the just, quick and cheap resolution of the proceedings.

Court Disposition

Application granted; order that the four proceedings be heard together with the evidence in one being treated as evidence in the others.

Orders

  • ['The four proceedings are to be heard together with the evidence in one being treated as evidence in the others.']