Atkinson & 30 Ors v State of NSW [2006] NSWSC 152

Atkinson & 30 Ors v State of NSW [2006] NSWSC 152

Given the expected duration and complexity of the proceedings, and the distinct nature of liability and quantum expert evidence, benefit lies in severing the calculation of damages, and the quantification of any damages payable to the plaintiffs by the defendant should be determined separately from all other questions pursuant to Rule 28.2 of the UCPR.

Jurisdiction
Australia
Judgment Date
21 March 2006
Procedural Posture
Civil / Interlocutory Order on Separation of Quantification of Damages
Outcome
Order granted for separate determination of quantification of damages; costs order against defendant.
Legal Topics
['separation of Issues' 'quantification of Damages' 'bushfire Liability' 'negligence' 'nuisance' 'breach of Statutory Duty']
['civil Procedure'] ['separation of Issues' 'quantification of Damages' 'bushfire Liability' 'negligence' 'nuisance' 'breach of Statutory Duty']

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

Civil / Interlocutory Order on Separation of Quantification of Damages

Legal Issues

  1. 1 ['Should the quantification of damages be determined separately from liability and other issues in the proceedings?' 'Is it efficient and just to sever the quantification of damages from the liability trial in this case?']

Ratio Decidendi

Given the expected duration and complexity of the proceedings, and the distinct nature of liability and quantum expert evidence, benefit lies in severing the calculation of damages, and the quantification of any damages payable to the plaintiffs by the defendant should be determined separately from all other questions pursuant to Rule 28.2 of the UCPR.

Court Disposition

Order granted for separate determination of quantification of damages; costs order against defendant.

Orders

  • ['Quantification of any damages payable to the plaintiffs by the defendant to be determined separately from and after determination of other questions pursuant to Rule 28.2 of Uniform Civil Procedure Rules.' "Defendant is to pay the plaintiffs' costs as agreed or assessed."]