El Chami v Golden Miles Developments Pty Limited [2017] NSWSC 1285

El Chami v Golden Miles Developments Pty Limited [2017] NSWSC 1285

Although damages were not ready to be heard and the listed hearing should be vacated, liability and damages should not be split because the evidence concerning the plaintiff's role, the painting contractor, the principal builder, apportionment, contributory negligence and credit would overlap, and splitting a seven day trial would waste time and effort rather than facilitate the just, quick and cheap resolution of the real issues.

Jurisdiction
Australia
Judgment Date
04 May 2017
Procedural Posture
Common Law Proceedings; Motion on Notice Concerning Separation of Liability and Damages and Vacation of Trial Dates / Pre Trial Procedural Ruling
Outcome
The application to separate liability and damages was refused; the hearing listed for 29 May 2017 was vacated; the proceedings were listed before the Registrar; costs of the motion were ordered to be the defendants' costs in the cause.
Legal Topics
['separation of Liability and Damages' 'vacation of Trial Dates' 'case Management' 'unstable Damages' 'costs in the Cause']
['practice and Procedure' 'personal Injury Negligence'] ['separation of Liability and Damages' 'vacation of Trial Dates' 'case Management' 'unstable Damages' 'costs in the Cause']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Proceedings; Motion on Notice Concerning Separation of Liability and Damages and Vacation of Trial Dates / Pre Trial Procedural Ruling

Legal Issues

  1. 1 ['Whether the hearing listed to commence on 29 May 2017 should be confined to issues of liability with damages heard separately later.' "Whether the trial dates should be vacated because the plaintiff's damages had not stabilised." 'What costs order should be made on the motion.']

Ratio Decidendi

Although damages were not ready to be heard and the listed hearing should be vacated, liability and damages should not be split because the evidence concerning the plaintiff's role, the painting contractor, the principal builder, apportionment, contributory negligence and credit would overlap, and splitting a seven day trial would waste time and effort rather than facilitate the just, quick and cheap resolution of the real issues.

Court Disposition

The application to separate liability and damages was refused; the hearing listed for 29 May 2017 was vacated; the proceedings were listed before the Registrar; costs of the motion were ordered to be the defendants' costs in the cause.

Orders

  • ['The motion is dismissed.' 'Hearing listed to commence on 29 May 2017 vacated.' "Proceedings listed before the Registrar, in the Registrar's list on Monday, 8 May 2017." "The costs of the motion be the defendants' costs in the cause."]