Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital; Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital [2020] NSWSC 1653

Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital; Fiore v Nepean Blue Mountains Local Health District trading as Nepean Hospital [2020] NSWSC 1653

The Court refused separate determination because the relevant facts were not agreed and were in significant dispute, including the nature of the services offered and provided, the representations allegedly made, what was said at relevant times, the existence and scope of any duty of care and breach. Ms Fiore's and Mr Jordan's credit was central to liability and would also be relevant to damages and to the claims against the Health District. In those circumstances, a separate hearing would not further the just, quick and cheap resolution of the real issues and was not consistent with the dictates of justice.

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Claims for Damages in Negligence / Motion by Crystal Bubs Pty Ltd and Mr Raymond Allan Jordan for Separate Determination of Their Liability Before Any Other Issues Under Uniform Civil Procedure Rules 2005 (nsw), R 28.2
Outcome
The motion is dismissed.
Legal Topics
['separate Determination' 'duty of Care' 'medical Ultrasound Services' 'credit Issues' 'case Management' 'costs']
['practice and Procedure' 'negligence'] ['separate Determination' 'duty of Care' 'medical Ultrasound Services' 'credit Issues' 'case Management' 'costs']

Case Brief

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Procedural Posture

Claims for Damages in Negligence / Motion by Crystal Bubs Pty Ltd and Mr Raymond Allan Jordan for Separate Determination of Their Liability Before Any Other Issues Under Uniform Civil Procedure Rules 2005 (nsw), R 28.2

Legal Issues

  1. 1 ['Whether the liability of Crystal Bubs Pty Ltd and Mr Raymond Allan Jordan should be determined separately and before any other issues.' 'Whether significant disputes of fact and credit issues affecting both liability and damages made separate determination inappropriate.' 'Whether granting the separate determination would further the overriding purpose of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The Court refused separate determination because the relevant facts were not agreed and were in significant dispute, including the nature of the services offered and provided, the representations allegedly made, what was said at relevant times, the existence and scope of any duty of care and breach. Ms Fiore's and Mr Jordan's credit was central to liability and would also be relevant to damages and to the claims against the Health District. In those circumstances, a separate hearing would not further the just, quick and cheap resolution of the real issues and was not consistent with the dictates of justice.

Court Disposition

The motion is dismissed.

Orders

  • ['The motion is dismissed.' "Unless the parties approach to be heard on costs within 7 days, Crystal Bubs Pty Ltd and Mr Raymond Allan Jordan are to bear the plaintiffs' costs of the motion, as agreed or assessed."]