Webb v South Eastern Sydney Area Health Service; Webb v State of New South Wales

In Webb v South Eastern Sydney Area Health Service and Webb v State of New South Wales, the plaintiff sought damages from the defendants for medical negligence and associated claims. The plaintiff, Mr. Webb, had commenced two separate actions against the defendants, each relating to different incidents of alleged negligence. The defendants sought to consolidate the proceedings and to have separate trials on liability for each action, as well as to dispense with a jury. The matter was brought before the court to determine the appropriate procedural steps.

The court had to decide whether the two causes of action brought by the plaintiff should be heard together in a consolidated proceeding, and if so, whether separate trials on liability should be ordered in each case. Additionally, the court needed to consider whether a jury should be dispensed with in favour of a judge-alone trial. The court examined the relevant legislative provisions and case law on the consolidation of proceedings, the conduct of trials on liability, and the use of juries in civil cases.

The court concluded that the two causes of action should be heard together in a consolidated proceeding, as they involved common questions of fact and law, and the consolidation would promote efficiency and economy in the administration of justice. However, the court ordered that separate trials on liability should be held for each action, as the evidence and issues in each case were distinct, and a single trial could prejudice the outcome of either case. The court further found that a jury should not be dispensed with, as the nature of the claims and the complexity of the medical evidence warranted the involvement of a jury in the determination of the facts.

Accordingly, the court ordered that the two proceedings be consolidated, that separate trials on liability be held for each action, and that each trial be conducted before a judge and jury.