Neville v Lam (No 2) [2014] NSWSC 300

Neville v Lam (No 2) [2014] NSWSC 300

An adjournment is not warranted based on current evidence regarding Samuel Nowak's vision. The preferable course is to sever the quantification of damages concerning the cost of rearing and maintaining Samuel, to be decided separately after determination of all other issues.

Jurisdiction
Australia
Judgment Date
19 March 2014
Procedural Posture
Interlocutory Application / Decision on Adjournment and Severance of Issue
Outcome
Application for adjournment refused. Order for separate determination of quantum of damages concerning cost of rearing and maintaining Samuel Nowak. Costs reserved.
Legal Topics
['adjournment' 'severance of Issue' 'quantum of Damages']
['civil Procedure'] ['adjournment' 'severance of Issue' 'quantum of Damages']

Case Brief

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Procedural Posture

Interlocutory Application / Decision on Adjournment and Severance of Issue

Legal Issues

  1. 1 ['Whether to grant an adjournment of proceedings' 'Whether to sever the issue of quantification of damages for cost of rearing and maintaining Samuel Nowak']

Ratio Decidendi

An adjournment is not warranted based on current evidence regarding Samuel Nowak's vision. The preferable course is to sever the quantification of damages concerning the cost of rearing and maintaining Samuel, to be decided separately after determination of all other issues.

Court Disposition

Application for adjournment refused. Order for separate determination of quantum of damages concerning cost of rearing and maintaining Samuel Nowak. Costs reserved.

Orders

  • ['Application for an adjournment refused.' "Order pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) that the following question be decided separately after the trial of all other issues: 'What is the quantum of damages recoverable by the plaintiff, if any, for the cost of rearing and maintaining her...