SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd [2011] FCA 769

FEDERAL COURT OF AUSTRALIA

SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd [2011] FCA 769 Citation: SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd [2011] FCA 769

Parties: SA E.MED PTY LTD (ACN 099 711 476) v CALVARY HEALTH CARE ADELAIDE LTD (ACN 106 314 229)

File number: SAD 94 of 2011

Judge: BESANKO J

Date of judgment: 6 July 2011

Catchwords: PRACTICE AND PROCEDURE — application for order under O 29 r 2 of the Federal Court Rules for the separate decision of questions in a proceeding — where applicant seeks to separate issues as to quantification of its loss and damage from issues as to liability and other relief claimed — where an interim injunction had been granted and an expedited trial ordered — where applicant said it was unlikely question of quantification of damages would ever need to be decided — where there was no clear division between liability and damages — where it was not possible to determine the extent of overlap of evidence — where there was no evidence applicant could not be ready for trial on all issues by the expedited trial date — whether it was just and convenient to separate the issues HELD: The application for separate trials of issues was refused.

Legislation: Trade Practices Act 1974 (Cth) ss 51AA, 51AC, 52 Federal Court Rules O 29 r 2

Cases cited: Tepko Pty Ltd v Water Board (2001) 206 CLR 1, cited Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495, cited Bathox Australia Pty Ltd v PJ SAS Trading Pty Ltd [2004] FCA 1082, cited BlackRock Asset Management Australia Services Ltd v Waked [2011] FCA 272, cited