Dickson v Chaffey & Reddawn [2012] NSWSC 336

Dickson v Chaffey & Reddawn [2012] NSWSC 336

The application for summary judgment and strike out was dismissed because, although the Plaintiff's case against Reddawn was weak and borderline, the pleadings left open a case based on directions, implied authority, or the connection between Mr Chaffey's motor vehicle and his employment. The Court was not sufficiently satisfied that Mr Chaffey would not give evidence at trial implicating Reddawn by supporting a finding that his confrontation with Mr Dickson was within, or incidental to, the course of his employment. The Court considered a separate hearing on liability likely to be appropriate because it would save costs and promote the just, quick and cheap resolution of the proceedings,...

Jurisdiction
Australia
Judgment Date
13 April 2012
Procedural Posture
Common Law Interlocutory Application for Summary Judgment, Strike Out, or Separate Hearing on Liability / Notice of Motion by the Second Defendant
Outcome
Prayers 1 and 2 of the Second Defendant's notice of motion, seeking summary judgment and strike out, were dismissed; the remaining application for a separate hearing on liability and costs was stood over.
Legal Topics
['summary Judgment' 'strike Out' 'vicarious Liability' 'assault and Battery' 'separate Hearing on Liability' 'principle in Wickstead V Browne']
['practice and Procedure' 'torts' 'employment Law'] ['summary Judgment' 'strike Out' 'vicarious Liability' 'assault and Battery' 'separate Hearing on Liability' 'principle in Wickstead V Browne']

Case Brief

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Procedural Posture

Common Law Interlocutory Application for Summary Judgment, Strike Out, or Separate Hearing on Liability / Notice of Motion by the Second Defendant

Legal Issues

  1. 1 ['Whether the Second Defendant should obtain summary judgment against the Plaintiff under r 13.4 of the Uniform Civil Procedure Rules 2005.' 'Whether the statement of claim should be struck out under r 14.28 of the Uniform Civil Procedure Rules 2005.' 'Whether the question of liability should be determined separately in advance of other issues under r 28.2 of the Uniform Civil Procedure Rules 2005.' 'Whether the possibility that the First Defendant may give evidence implicating the Second Defendant prevents summary dismissal under the principle in Wickstead v Browne.']

Ratio Decidendi

The application for summary judgment and strike out was dismissed because, although the Plaintiff's case against Reddawn was weak and borderline, the pleadings left open a case based on directions, implied authority, or the connection between Mr Chaffey's motor vehicle and his employment. The Court was not sufficiently satisfied that Mr Chaffey would not give evidence at trial implicating Reddawn by supporting a finding that his confrontation with Mr Dickson was within, or incidental to, the course of his employment. The Court considered a separate hearing on liability likely to be appropriate because it would save costs and promote the just, quick and cheap resolution of the proceedings,...

Court Disposition

Prayers 1 and 2 of the Second Defendant's notice of motion, seeking summary judgment and strike out, were dismissed; the remaining application for a separate hearing on liability and costs was stood over.

Orders

  • ['Prayers 1 and 2 of the notice of motion dated 13 October 2011 be dismissed.' 'Stand over the balance of the notice of motion, including costs, to 3 May 2012 at 9.30am before Beech-Jones J.' 'Direct the Plaintiff on or before 24 April 2012 to use its best endeavours to serve on the First Defendant: (i) a copy of...