The Court refused to order separate determination of construction and rectification questions concerning a charitable will, holding that all issues across three related proceedings should be heard together at a single final hearing. Kunc J emphasised that where a critical witness (here, the solicitor who drafted the will and served as executor) would inevitably be cross-examined on matters traversing both the proposed separate questions and the remaining issues, the court should hear all evidence once and make reliability findings against the full evidentiary background. The strong public interest in resolving charitable trust litigation expeditiously, and the inevitability of appeal from a partial determination, weighed against staged hearings.
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