Redwin v Norris [2015] NSWSC 787

Redwin v Norris [2015] NSWSC 787

Given the complexity and likely length of both liability and damages issues, and the substantial dispute as to liability, it is appropriate to determine quantum separately after the resolution of liability. This avoids unnecessary expense and may encourage settlement.

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Civil / Interlocutory Application for Determination of Separate Quantum Issues
Outcome
Orders made in accordance with short minutes of order for separate determination of quantum; order amended to specify hearing before Common Law Registrar.
Legal Topics
['interlocutory Issues' 'separate Determination of Quantum' 'negligence' 'duty of Care' "occupier's Liability"]
['procedure' 'tort Law'] ['interlocutory Issues' 'separate Determination of Quantum' 'negligence' 'duty of Care' "occupier's Liability"]

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Procedural Posture

Civil / Interlocutory Application for Determination of Separate Quantum Issues

Legal Issues

  1. 1 ['Whether the issue of quantum of damages should be determined separately from liability in a negligence case involving personal injury;' 'Extent and nature of duty of care owed by occupiers of rural property used for grazing to lawful entrants.']

Ratio Decidendi

Given the complexity and likely length of both liability and damages issues, and the substantial dispute as to liability, it is appropriate to determine quantum separately after the resolution of liability. This avoids unnecessary expense and may encourage settlement.

Court Disposition

Orders made in accordance with short minutes of order for separate determination of quantum; order amended to specify hearing before Common Law Registrar.

Orders

  • ["The issue of the quantum of the plaintiff's loss be determined separately from and after any trial on the other issues in the case." "Order amended to set matter at '9 am before the Common Law Registrar'."]