Separate trial for neonatal care liability issues

Kashyap v Sydney Local Health District [2014] NSWSC 182 saw the consideration of circumstances warranting an order for a separate trial of all issues relating to breach of duty and causation of damage.

The application, made by the plaintiff, was granted despite two disadvantages flowing from such an order:  firstly, the severing the trial gives rise to the possibility that there may be two appeals rather than one; and secondly, that some witnesses will have to give evidence twice.