AAI Ltd t/a Vero Insurance v Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq)

[2014] NSWCA 168

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Practice and procedure
5. › Challenge to decision to order separate question
6. › Whether House v The King error established
7. › Whether error of principle, question of public importance, or injustice demonstrated
1. Practice and Procedure
2. › Separate determination of questions
3. › Ordering separate question under r 28.2 UCPR
4. › Principles governing exercise of discretion
5. › Effect of Civil Procedure Act 2005 (NSW), ss 56-59 on Tallglen principles
6. › Whether potential savings in time and cost justified separate determination
7. › Uniform Civil Procedure Rules 2005 (NSW), r 28.2
8. › Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59

Quick Take

The Civil Procedure Act 2005 (NSW), ss 56-59, obliges the Court to have regard to those provisions when exercising the discretion to order separate questions under r 28.2 UCPR, supplementing but not displacing the Tallglen principles. The Court may take a more interventionist role in ordering separate questions to achieve the just, quick and cheap resolution of disputes. Considerable deference is owed to a primary judge's exercise of discretion on such matters, and leave to appeal will not be granted absent House v The King error.