Chapman v Dickinson

[2018] NSWDC 359

District Court

New South Wales

Medium Neutral Citation:	Chapman v Dickinson [2018] NSWDC 359
Hearing dates:	19 October 2018
Date of orders:	19 October 2018
Decision date:	27 November 2018
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Defendants’ Amended Notice of Motion filed on 19 October 2018 dismissed. (2) Defendants pay plaintiff’s costs. (3) Liberty to apply in relation to costs. (4) Parties to bring in short minutes of order for the future conduct of these proceedings.
Catchwords:	PRACTICE AND PROCEDURE – application for separate trial (r 28.2 Uniform Civil Procedure Rules 2005 (NSW)) as to whether the plaintiff was a “worker or deemed worker by reason of the Workplace Injury Management and Workers Compensation Act 1998 and/or the Workers Compensation Act 1987” – criteria for ordering a separate trial of issues, contrary to the general practice of determining all issues at the same time – absence of agreed facts – issue not suited to severability – application for separate trial refused
Legislation Cited:	Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), ss 38 and 192A Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Workers Compensation Act 1987 (NSW) Workers Compensation Commission Rules 2001 (NSW), Part 11 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 60, 280A and 315
Cases Cited:	Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 Bailey v Director‑General Department of Natural Resources [2013] NSWSC 515 Blair v Curran (1939) 62 CLR 464 Kashyap v Sydney Local Health District [2014] NSWSC 182 Langley v AMP Capital Investors Ltd [2007] NSWSC 937 LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45 On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) [2011] FCA 366 Street v Luna Park Sydney Pty Limited [2007] NSWSC 697 The Star Pty Ltd v Mitchison [2017] NSWCA 149
Category:	Procedural and other rulings
Parties:	Plaintiff: Christopher Chapman First Defendant: Justin Dickinson Second Defendant: Annette Patrick trading as White Heavy Haulage
Representation:	Counsel: Plaintiff: Mr R Goodridge Defendants: Mr A J Parker   Solicitors: Plaintiff: Firths The Compensation Lawyers Defendants: McInnes Wilson
File Number(s):	2017/265257
Publication restriction:	None

Judgment

The application before the court

1. The defendants by Amended Notice of Motion filed on 19 October 2018 seeks the following orders:

1. Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), the question of whether the plaintiff was a “worker or deemed worker by reason of the Workplace Injury Management and Workers Compensation Act 1998 and/or the Workers Compensation Act 1987” be severed and listed for separate hearing to the question of the liability and quantum of the plaintiff’s damages, if any.

2. Costs of the motion be costs in the cause.

3. Any such further or other order that the Honourable Court deems fit.

2. The defendants rely upon the affidavit of John Brophy Renshaw dated 14 August 2018 (Exhibit B) and Adam Mason Abboud dated 18 October 2018 (Exhibit A).

3. The plaintiff relies upon the…