Bechini v Ius Pty Limited [2017] NSWSC 816

Supreme Court New South Wales

Medium Neutral Citation: Bechini v Ius Pty Limited [2017] NSWSC 816 Hearing dates: 21 June 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the separate questions listed in the Schedule to the second defendant's notice of motion filed on 10 February 2017 be determined separately from and before any other question in the trial of the proceedings. (2) Order that the costs of this application abide the outcome of the separate determination. Catchwords: PRACTICE AND PROCEDURE – application for a separate determination of questions – where separate issues have been clearly drafted – whether a separate determination will dispose of the plaintiff's right of action against the second defendant – whether a separate determination will save time and costs – whether there is a clear demarcation between the separate issues and the primary case. Legislation Cited: Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Crawley v Vero Insurance Ltd [2012] NSWSC 593 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 1215 Robbins v The Royal Bank of Scotland plc [2010] NSWSC 39 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Category: Procedural and other rulings Parties: Julian Bechini (Plaintiff) WFI Insurance Limited (formerly known as Lumley General Insurance Limited) (Second Defendant) M & R Insurance Brokers Pty Limited (Third Defendant) Representation: Counsel: CJM Palmer (Plaintiff) DFC Thomas (Second Defendant) J Hunt (Third Defendant)