Liverpool City Council v Estephen

[2008] NSWCA 245

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Joinder of parties on appeal
4. › Persons directly affected by relief sought
5. › Whether additional parties should be joined
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.4(3)
1. Practice and Procedure
2. › Appeals
3. › Interlocutory or final judgment
4. › Separate determination of liability question
5. › Whether determination of liability with damages still to be assessed is interlocutory
6. › District Court Act 1973 (NSW), s 127(2)(a)
1. Practice and Procedure
2. › Review of Registrar's decision
3. › Nature of review
4. › Whether review is an appeal or de novo consideration
5. › Uniform Civil Procedure Rules 2005 (NSW), r 49.19
1. Practice and Procedure
2. › Costs
3. › Costs of review of Registrar's decision
4. › Whether indemnity costs appropriate
5. › Whether party whose conduct forced matter back to court should bear costs

Quick Take

A separate determination of liability in multi-party negligence proceedings where damages remain to be assessed is an interlocutory judgment requiring leave to appeal under s 127(2)(a) of the District Court Act 1973 (NSW). A review of a Registrar's decision under UCPR 49.19 is not an appeal requiring demonstration of error but a de novo consideration.