Jones v Ranginui

[2018] NSWDC 493

District Court

New South Wales

Medium Neutral Citation:	Jones v Ranginui [2018] NSWDC 493
Hearing dates:	16, 17 May 2018
Date of orders:	17 May 2018
Decision date:	17 May 2018
Jurisdiction:	Civil
Before:	Neilson DCJ
Decision:	Notice of motion dismissed. Defendant to pay the plaintiff’s costs. I order that this matter be listed for directions on the first day of the first sittings of this Court in 2019.
Catchwords:	MOTOR ACCIDENT CLAIM – PRACTICE AND PROCEDURE – A truck being driven by first defendant collides with rear of a minibus as both are travelling north on the Hume Highway near Jugiong – Plaintiff a passenger in a motor vehicle which arrives shortly after the collision – A woman in the back of the minibus was severely injured – Plaintiff, a “good samaritan/rescuer”, seeks to resuscitate woman, successfully, before arrival of ambulance – Woman later dies in hospital of her injuries – Plaintiff’s action in negligence against first defendant and owner of truck – Case not yet ready for trial at Wagga Wagga – Defendant seeks separate trial of a number of factual and legal issues, pursuant to UCPR 28.2
Legislation Cited:	Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005
Cases Cited:	Crawley v Vero Insurance Limited [2012] NSWSC 593 Southwell v Bennett [2010] NSWSC 1372 Wicks v State Rail Authority (NSW) (2010) 241 CLR 60
Category:	Procedural and other rulings
Parties:	Marion June Jones (Plaintiff) Kerei Watene Motuka Ranginui (First Defendant) K & S Freighters Pty Limited (Second Defendant)
Representation:	Counsel: Mr I Roberts SC (Plaintiff) Mr J Sleight (Defendants)   Solicitors: Walsh & Blair Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendants)
File Number(s):	2016/192799
Publication restriction:	Nil

Judgment

1. HIS HONOUR: This is an application under UCPR 28.2 for a separate trial of a number of issues in the substantive proceedings. The defendant makes this application by way of a notice of motion, an amended form of which was filed in court yesterday.

Facts

2. To understand what has happened, it is necessary to briefly consider the statement of claim and the facts behind it. The late Julia Kovac-Nemedi, who was then 26 years old, was a passenger in a green and purple coloured Toyota Coaster bus which can be shortly described as a minibus. That vehicle was travelling north on the Hume Highway on 9 February 2015. The minibus was being driven by Yoad Konikoff, who was then 24 years old. Mr Konikoff was using an Israeli driver's licence. Seated beside him on the passenger side of the minibus was Mr Ben Jacoby, who was also 24 years old. An inference can be drawn that Mr Jacoby was, like Mr Konikoff, an Israeli, and that they were both visitors in this country. The late Julie Kovac-Nemedi was also a visitor to this country. She was from Canada. At the time of a collision which I shall shortly describe, the deceased was lying on a bed located in the rear of the minibus with her…