Brendan King v Stephen Noel Griffiths [2013] NSWSC 808

Brendan King v Stephen Noel Griffiths [2013] NSWSC 808

A separate trial of liability and damages should not be ordered due to significant overlap of factual and credit issues between the two, meaning separation would not bring time or cost savings and could complicate the resolution of the case.

Parties
First Plaintiff: Brendan King; Second Plaintiff: Christina King; Defendant: Stephen Noel Griffiths; Second Defendant: David Patrick Baxter; Third Defendant: Gary Andrew Green; Fourth Defendant: Peter Millard Jackson; Fifth Defendant: Colleen Anne Schofield; Sixth Defendant: Michael James Hewitt; Seventh Defendant: Julie Anne Walsh
Jurisdiction
Australia
Judgment Date
04 June 2013
Procedural Posture
Interlocutory Application / Motion to Separate Trial of Issues of Liability From Assessment of Damages
Outcome
Motion dismissed
Legal Topics
Separate Trial of Issues, Liability and Damages, Advocate's Immunity, Negligence by Solicitors
Civil Procedure Separate Trial of Issues Liability and Damages Advocate's Immunity Negligence by Solicitors

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brendan King

First Plaintiff

Christina King

Second Plaintiff

Stephen Noel Griffiths

Defendant

David Patrick Baxter

Second Defendant

Gary Andrew Green

Third Defendant

Peter Millard Jackson

Fourth Defendant

Colleen Anne Schofield

Fifth Defendant

Michael James Hewitt

Sixth Defendant

Julie Anne Walsh

Seventh Defendant

Procedural Posture

Interlocutory Application / Motion to Separate Trial of Issues of Liability From Assessment of Damages

Legal Issues

  1. 1 Whether to order a separate trial on the issue of liability apart from assessment of damages
  2. 2 Whether advocate's immunity defence should be determined as a separate issue

Ratio Decidendi

A separate trial of liability and damages should not be ordered due to significant overlap of factual and credit issues between the two, meaning separation would not bring time or cost savings and could complicate the resolution of the case.

Court Disposition

Motion dismissed

Orders

  • Plaintiffs' motion to separate trial of liability from the assessment of damages is dismissed
  • Plaintiffs to pay defendants' costs of the application