J Annan v FSS Trustee Corporation [2017] NSWSC 1453

Supreme Court New South Wales

Medium Neutral Citation: J Annan v FSS Trustee Corporation [2017] NSWSC 1453 Hearing dates: 13 October 2017 Decision date: 13 October 2017 Jurisdiction: Equity Before: Black J Decision: The Court will order the determination of a separate question subject to its reformulation by the parties. Catchwords: CIVIL PROCEDURE — Separate determination of questions – where separate question would reduce length and costs of hearing if balance of hearing no longer required – whether risk of prejudice – whether separate question should be ordered – form of question. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 56–58, 62(2) - Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 28.4 Cases Cited: - Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 - Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 - Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 - Re Metal Storm Ltd (Subject to Deed of Company Arrangement) [2014] NSWSC 615 - Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 - Wild v FSS Trustee Corporation as trustee of the First State Superannuation Scheme [2017] NSWSC 237 Category: Procedural and other rulings Parties: James Annan (Plaintiff) FSS Trustee Corporation as Trustee of the First State Superannuation Scheme (First Defendant) MetLife Insurance Limited (Second Defendant) Representation: Counsel: E O'Neill (Plaintiff) M Windsor SC/C Purdy (Second Defendant)