DEAN v PHUNG [2009] NSWSC 201

DEAN v PHUNG [2009] NSWSC 201

In the circumstances, the central issue of liability, specifically breach of duty and causation, is sufficiently common to both proceedings to warrant an order that liability be tried at the same time, especially as no significant prejudice to Dr Phung is identified; matters concerning damages and limitation may be dealt with separately.

Parties
Plaintiff: Todd Owen Dean; Defendant: Mark Phung; Plaintiff in Related Proceedings: Advanced Arbor Services Pty Limited
Jurisdiction
Australia
Judgment Date
11 March 2009
Procedural Posture
Application to Consolidate Proceedings / Interlocutory Decision
Outcome
Issue of liability to be tried at the same time in both proceedings; costs reserved.
Legal Topics
Consolidation of Proceedings, Limitation Periods, Negligence, Workers Compensation
Civil Procedure Consolidation of Proceedings Limitation Periods Negligence Workers Compensation

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 6 Party arguments 2
Sign in to unlock

Parties

Todd Owen Dean

Plaintiff

Mark Phung

Defendant

Advanced Arbor Services Pty Limited

Plaintiff in Related Proceedings

Procedural Posture

Application to Consolidate Proceedings / Interlocutory Decision

Legal Issues

  1. 1 Whether proceedings should be consolidated or tried together
  2. 2 Whether limitation period defence should affect consolidation
  3. 3 Whether there is commonality in issues of duty and breach of care

Ratio Decidendi

In the circumstances, the central issue of liability, specifically breach of duty and causation, is sufficiently common to both proceedings to warrant an order that liability be tried at the same time, especially as no significant prejudice to Dr Phung is identified; matters concerning damages and limitation may be dealt with separately.

Court Disposition

Issue of liability to be tried at the same time in both proceedings; costs reserved.

Orders

  • The issue of liability in Dean v Phung is to be tried at the same time as in proceedings No 20006 of 2008 between Advanced Arbor Services Pty Limited and Dr Mark Phung.
  • The costs of this application are reserved to be determined by the trial judge.