Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health [2023] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health [2023] NSWSC 1343 Hearing dates: 03 November 2023 Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application for separate question refused Catchwords: CIVIL PROCEDURE – separate determination of question – whether hearing of separate question should be ordered – where answer adverse to plaintiff would dispose of proceedings – where answer favourable to plaintiff would result in duplication of material considered on separate question and material considered at trial – likelihood of voluminous material Legislation Cited: Government Sector Employment Act 2013 (NSW) Health Administration Act 1982 (NSW) Health Services Act 1997 (NSW) Procurement (Enforceable Procurement Provisions) Direction 2019 (NSW) Public Works and Procurement Act 1912 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Owners Corporation SP 70672 v Trustees of Roman Catholic Church [2010] NSWSC 946 Category: Procedural rulings Parties: Modeus Pty Ltd (Plaintiff/Applicant) Secretary, Ministry of Health (First Defendant/Respondent) Health Administration Corporation (Second Defendant/Respondent) State of New South Wales (Third Defendant/Respondent) Representation: Counsel: M Green SC with A Sapienza (Plaintiff/Applicant) A Cheshire SC with N Condylis (Defendants/Respondents)