Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2:

1. By notice of motion filed on 14 February 2025, the four defendants seek an order under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") that the issue of liability be heard separately and in advance of the issue of quantum. The basis of the application is that the young plaintiff, who was kicked by a horse at a show jumping event in 2017, has injuries, the extent of which will not be able to be properly assessed for several years. The defendants also rely on delays which have beset the case and the impact of that delay on the witnesses' memories and their psychological and emotional wellbeing. The plaintiff neither consents to, nor opposes, such an order being made. However, the plaintiff raises a significant matter concerning one of the witnesses, that is, the plaintiff's mother, and submits, somewhat faintly, that the better course may be to refer the whole of the matter for mediation.

2. The notice of motion is supported by an affidavit of the defendants' solicitor which annexes a significant amount of lay and expert evidence. The parties filed a joint application book, and that included helpful written submissions prepared by junior counsel for the defendants and counsel for the plaintiff. The defendants are represented by senior counsel on the brief hearing this morning.

3. A loose chronology of relevant events and the course of the litigation is as follows:

* On 26 February 2013, the plaintiff was born.

* In 2002, the fourth defendant was born.

* On 4 November 2017, the plaintiff then aged four years, attended a show jumping event at the Charles Sturt University Equine Centre. The fourth defendant, then aged about 15 years, was riding a horse which kicked the plaintiff causing her injuries.

* On 2 November 2020, the plaintiff, by her father acting as her next friend, commenced proceedings for damages in the District Court.

* On 15 February 2022, on the plaintiff's application, the hearing date was vacated and placed in what was described in the material as the "inactive list". This was based on certain expert evidence which suggested that the extent of the plaintiff's injuries and disabilities remained uncertain and would not become certain for some time.

* On 30 June 2022, the plaintiff successfully sought an order transferring the matter to this Court. The basis of that application was that the amount of damages may exceed the jurisdictional limit of the District Court.

* On 17 October 2022, the parties reached an in-principle settlement agreement. That agreement came before this Court for approval, and on 23 November 2022, Campbell J disapproved of the settlement agreement, noting that the plaintiff's "prognosis is uncertain": Robinson v Riverina Equestrian Association [2022] NSWSC 1613.

* On 19 March 2024, the plaintiff served a neuropsychological report under the hand of Dr Donald Rowe. That report is an important document in the context of the resolution of the present application, in that the expert observed that the plaintiff cannot be fully assessed until reaching the age of 17 to 18 years.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19815ca68a9de854ed94c227)

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