Commens t/as Subsonic Music v Certain Lloyd's Underwriters subscribing to Policy No ALTCNX1900332 [2023] FCA 1434

Federal Court of Australia

Commens t/as Subsonic Music v Certain Lloyd's Underwriters subscribing to Policy No ALTCNX1900332 [2023] FCA 1434 File number(s): NSD 719 of 2022

Judgment of: JACKMAN J

Date of judgment: 16 November 2023

Date of publication of reasons: 20 November 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for the hearing of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – insurance list – whether there is a risk of conflicting findings on credit – the overarching purpose of the civil practice and procedure provisions favours the making of an order for separate questions

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 54A Federal Court Rules 2011 (Cth) r 30.01

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 5

Date of hearing: 16 November 2023

Counsel for the Applicant: Mr J Walsh

Solicitor for the Applicant: Maurice Blackburn

Counsel for the Respondent: Mr M Newton

Solicitor for the Respondent: Clyde & Co

ORDERS NSD 719 of 2022

BETWEEN: SCOTT COMMENS T/AS SUBSONIC MUSIC Applicant

AND: CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO POLICY NO ALTCNX1900332 Respondent

order made by: JACKMAN J DATE OF ORDER: 16 November 2023

THE COURT ORDERS THAT:

1. Pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth), the questions set out in Annexure A to the interlocutory application be heard separately from and prior to all other questions in the proceedings. 2. The costs of the interlocutory application as to whether there should be separate questions be costs in the hearing of those questions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.