| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S ECI 2022 03265
BETWEEN:
| VENITA LYNN DRIDAN & ORS (according to the attached Schedule) | Plaintiffs |
| v | |
| STOCKYARD HILL WIND FARM PTY LTD & ORS (according to the attached Schedule) | Defendants |
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JUDGE: | Goulden AsJ |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 10 September 2024 |
DATE OF RULING: | 16 December 2024 |
CASE MAY BE CITED AS: | Dridan v Stockyard Hill Wind Farm Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2024] VSC 773 |
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PROCEDURE – Application to split trial pursuant to r 47.04 of the Supreme Court (General Civil Procedure) Rules 2015 – Nuisance claim arising out of the operation of a wind farm – Interference with the use of farm properties in the vicinity of the wind farm – Split proposed between the determination of the questions of liability and relief – Overlap in issues and evidence – Whether ‘utility, economy, and fairness to the parties beyond question’ – No clear demarcation of issues – Inefficiency arising from the possibility of some of the witnesses being called twice – Unfairness to the plaintiffs as a result of the split – Application dismissed.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr M Borsky KC & Mr J Fetter | DST Legal |
| For the First Defendant | Mr P Solomon KC | Allens |
| For the Second and Third Defendants | Mr D Batt KC & Ms T Meyrick | Lander & Rogers |
TABLE OF CONTENTS
Background to the proceeding
The legal principles relating to split trials
The question of efficiency
The question of unfairness
Will there be unfairness to the plaintiffs?
Will there be unfairness to the defendants?
Disposition
HER HONOUR:
By their summons filed on 14 August 2024, the second and third defendants (together, ‘Goldwind’) seek orders under r 47.04 of the Supreme Court (General Civil Procedure) Rules 2015 (‘Rules’), and/or the Court’s inherent powers, for the trial of this proceeding to be split between the questions of liability and relief.
The first defendant supports Goldwind’s application. The plaintiffs oppose it.
The discretion to order a split trial should be exercised ‘with great caution and only in a clear case’.[1] This is not such a case. For the reasons which follow in this ruling, I will dismiss Goldwind’s application.
[1]Paz Stone Pty Ltd v Vincenzo Crocitti & Ors [2017] VSC 492, [6] (‘Paz Stone’), citing Murphy v Victoria (2014) 45 VR 119, [28].
Background to the proceeding
The eleven plaintiffs bring claims in nuisance in respect of ‘air pressure waves (perceived as sound, infrasound or vibration)’[2] allegedly emitted by turbines forming part of the Stockyard Hill Wind Farm, which the first defendant owns and Goldwind operates. In the event the defendants are found liable, the plaintiffs seek an award of damages and aggravated and exemplary damages. They also seek injunctive relief, and additionally or alternatively, damages under s 38 of the Supreme Court Act 1986 (Vic).
[2]Fourth Further Amended Statement of Claim filed on 4…
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- Case
- [2024] VSC 773
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the proposed split in the trial would be beneficial. The applicants argued that a split would allow for a more efficient and economical use of the court's resources and would be fair to the parties. The respondent opposed the application, arguing that there was significant overlap in the issues and evidence between the questions of liability and relief, and that a split would result in inefficiency and unfairness to the respondent. The court considered the potential for some witnesses to be called twice, and the impact this would have on the fairness and efficiency of the trial.
The court held that the proposed split in the trial would not result in the utility, economy, and fairness to the parties beyond question. The court found that there was a significant overlap in the issues and evidence between the questions of liability and relief, and that a split would result in inefficiency and unfairness to the respondent. The possibility of some witnesses being called twice also contributed to the inefficiency of a split trial. The court found that there was no clear demarcation of the issues and evidence, and that the proposed split would not result in a more efficient or economical use of the court's resources. The court dismissed the application to split the trial.
The court did not make any final orders, as the application to split the trial was dismissed. The parties will proceed with a single trial to determine both liability and relief.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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