McKenzie v Downing [2008] NSWSC 69

McKenzie v Downing [2008] NSWSC 69

The interest of justice and the likelihood that the plaintiff would otherwise be shut out of litigation due to financial hardship justify exercising discretion to order the separate determination of liability under Rule 28.2 of the Uniform Civil Procedure Rules 2005.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Civil Procedure / Interlocutory Application—separate Determination of Liability
Outcome
Application granted for separate determination of liability; costs reserved.
Legal Topics
['separate Determination' 'liability' 'case Management']
['civil Procedure'] ['separate Determination' 'liability' 'case Management']

Case Brief

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Procedural Posture

Civil Procedure / Interlocutory Application—separate Determination of Liability

Legal Issues

  1. 1 ['Should the question of liability be determined separately and prior to the question of quantum in the proceedings between the plaintiff and defendant?']

Ratio Decidendi

The interest of justice and the likelihood that the plaintiff would otherwise be shut out of litigation due to financial hardship justify exercising discretion to order the separate determination of liability under Rule 28.2 of the Uniform Civil Procedure Rules 2005.

Court Disposition

Application granted for separate determination of liability; costs reserved.

Orders

  • ['Pursuant to Rule 28.2 of the Uniform Civil Procedure Rules the question of liability be determined separately and prior to the issue of quantum.' 'Costs are reserved.']