Robinson v Riverina Equestrian Association

In the case of Robinson v Riverina Equestrian Association, the plaintiff, a young child, suffered injuries when she was kicked by a horse during a show-jumping event. The case was brought before the court to determine whether the defendant, the Riverina Equestrian Association, was liable for the injuries sustained by the plaintiff. The matter was heard in the Supreme Court of New South Wales.

The court was tasked with deciding whether the issues of liability and quantum should be determined separately. The plaintiff's injuries were not expected to stabilise for several years, and the extent of her injuries and resulting damages were uncertain. The court had to consider whether the potential savings from a separate determination of liability would be illusory, given the fading memories of witnesses and the uncertain nature of the plaintiff's injuries.

The court found that the issues of liability and quantum should indeed be determined separately. The court noted that the plaintiff's injuries were unlikely to stabilise for many years, and her memories and those of the witnesses would fade over time. The court concluded that the potential savings from a separate determination of liability were not illusory, and ordered that the issues be determined separately. The court's decision recognised the importance of preserving evidence and the potential difficulties in determining damages at a later date.

The court's order for the separate determination of liability and quantum was made to ensure that the issues were resolved in a timely and effective manner. The court recognised that the plaintiff's injuries were unlikely to stabilise for many years, and that the memories of witnesses would fade over time. By ordering a separate determination of liability, the court aimed to preserve evidence and ensure that the issues were resolved in a manner that was fair and just for both parties.