Cook by her tutor Kristy Stewart v Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre [2023] NSWSC 1503

Cook by her tutor Kristy Stewart v Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre [2023] NSWSC 1503

The issue of liability of the defendants, including cross-claims, should be determined separately and prior to quantum, as this approach facilitates the just, quick and cheap resolution of proceedings, is not unfair to the defendants, avoids unnecessary delays due to plaintiff’s complex medical situation, and provides clarity for both liability and further case management.

Parties
Plaintiff: Breanne Cook by her tutor Kristy Stewart; First Defendant: Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre; Second Defendant: State of New South Wales (NSW Department of Education)
Jurisdiction
Australia
Judgment Date
04 December 2023
Procedural Posture
Civil / Interlocutory Application—notice of Motion for Separate Determination of Liability Before Quantum
Outcome
Application granted for separate determination of liability; costs order made.
Legal Topics
Separation of Liability and Quantum, Interlocutory Application, Case Management, Costs Orders
Civil Procedure Separation of Liability and Quantum Interlocutory Application Case Management Costs Orders

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Parties

Breanne Cook by her tutor Kristy Stewart

Plaintiff

Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre

First Defendant

State of New South Wales (NSW Department of Education)

Second Defendant

Procedural Posture

Civil / Interlocutory Application—notice of Motion for Separate Determination of Liability Before Quantum

Legal Issues

  1. 1 Whether liability issues should be determined separately and prior to quantum of damages
  2. 2 Appropriateness of interlocutory order under UCPR r 28.2 and 29.4
  3. 3 Just, quick and cheap resolution under Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The issue of liability of the defendants, including cross-claims, should be determined separately and prior to quantum, as this approach facilitates the just, quick and cheap resolution of proceedings, is not unfair to the defendants, avoids unnecessary delays due to plaintiff’s complex medical situation, and provides clarity for both liability and further case management.

Court Disposition

Application granted for separate determination of liability; costs order made.

Orders

  • Issue of liability of the defendants for injuries suffered by plaintiff, including cross claims, to be heard and determined separately and prior to hearing and determination of quantum of damages.
  • Second defendant to pay plaintiff’s costs of the notice of motion including counsel’s fees.