Baycorp Advantage Limited v Royal and Sun Alliance Insurance Australia Limited [2003] NSWSC 985

New South Wales Supreme Court

CITATION : Baycorp Advantage Limited v Royal and Sun Alliance Insurance Australia Limited [2003] NSWSC 985 HEARING DATE(S) : 28/10/03 JUDGMENT DATE : 28 October 2003

JURISDICTION: Equity Division Commercial List JUDGMENT OF : Einstein J DECISION : Separate questions answered and orders made.

CATCHWORDS : Separate questions - Part 31 rule 6 Supreme Court Rules - precise wording of separate questions proposed by plaintiff in short minutes of order - defendant proposes orders should not be made - counsel for defendant applies for leave from the bar table to amend current pleading so as to allege the settlement reached was not a reasonable settlement - proposed amendment would have required a differently worded separate question to that already answered - issue not raised until after hearing and following determination of separate questions - importance of precision in wording of separate questions for determination - Reference by the Court to a referee - referral on hold until determination of separate questions - order sought by plaintiff for remaining question to be referred to a referee pursuant to Part 72 rule 2 for enquiry and report - defendant submitted referral not appropriate pending application for leave to appeal and the appeal - reference to treat with both alternative approaches to the question - plaintiff in the present circumstances should not be prevented from having benefit of reference - Practice and procedure - Commercial List - List established for the purpose of giving the commercial community, as swift as it practicable in the circumstances, a result in a given set of proceedings PARTIES : Baycorp Advantage Limited (Plaintiff) Royal and Sun Alliance Insurance Australia Limited (Defendant) FILE NUMBER(S) : SC 50035/02 COUNSEL : Mr MA Pembroke SC, TM Faulkner (Plaintiff) Mr DL Davies SC (Defendant) SOLICITORS : Allens Arthur Robinson (Plaintiff) Hunt & Hunt (Defendant)