The court confirmed that separate determination of questions under UCPR r 28.2 requires both a reasonable likelihood that the separated question will determine the outcome and significant quantifiable additional expense in preparing for remaining questions. Directed admissions under s 70(1)(c) of the Civil Procedure Act 2005 (NSW) will not be ordered where the proposed terms are imprecise, involve comparison of circumstances requiring assessment of unidentified factors, or where there is insufficient material before the court to determine their appropriateness. Statutory prosecutors exercising criminal prosecution functions should be treated as model litigants.
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