Galye Christine McDonald v David Alexander Wills [2014] NSWSC 1183

Galye Christine McDonald v David Alexander Wills [2014] NSWSC 1183

It is just, quick and cheap to defer determination of quantum of damages as a discrete issue under UCPR rule 28.2 to avoid unnecessary costs and facilitate case management, given that the damages claim is purely alternative and will only arise if the plaintiff fails in her primary claim for relief regarding the easement.

Parties
Plaintiff: Gayle Christine McDonald; First Defendant: David Alexander Wills; Second Defendant: Alexis Clare Wills
Jurisdiction
Australia
Judgment Date
27 August 2014
Procedural Posture
Interlocutory Application / Order for Separate Determination of Quantum of Damages
Outcome
Order made for separate and subsequent determination of quantum of damages; further directions provided regarding costs submissions.
Legal Topics
Interlocutory Applications, Separation of Issues, Easements, Damages, Nuisance, Abandonment, Statutory Modification/extinguishment of Easements
Civil Procedure Property Law Equity Interlocutory Applications Separation of Issues Easements Damages Nuisance +2 more

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Parties

Gayle Christine McDonald

Plaintiff

David Alexander Wills

First Defendant

Alexis Clare Wills

Second Defendant

Procedural Posture

Interlocutory Application / Order for Separate Determination of Quantum of Damages

Legal Issues

  1. 1 Whether the quantum of the plaintiff's claim for damages should be determined separately from the balance of the issues in the proceedings under rule 28.2 of the Uniform Civil Procedure Rules 2005
  2. 2 Interpretation and scope of the right of access/easement
  3. 3 Whether the right of access has been abandoned, waived, or deemed obsolete

Ratio Decidendi

It is just, quick and cheap to defer determination of quantum of damages as a discrete issue under UCPR rule 28.2 to avoid unnecessary costs and facilitate case management, given that the damages claim is purely alternative and will only arise if the plaintiff fails in her primary claim for relief regarding the easement.

Court Disposition

Order made for separate and subsequent determination of quantum of damages; further directions provided regarding costs submissions.

Orders

  • Order pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005 that the issue of the quantum of the plaintiff's claim for damages be determined separately from and subsequently to the balance of the issues.
  • Parties to provide written submissions on the costs of the notice of motion within 7 days of publication of reasons.