Another win today in the Supreme Court of Queensland. This time we succeeded in having an application for the separate determination of questions dismissed with costs. Ordinarily, all issues of fact and law in a proceeding should be tried at once. While courts have discretion to order that a question or questions be determined separately before the trial of the proceeding, that discretion ultimately must be exercised having regard to what is just and convenient.
In this case, Justice Kelly agreed with our arguments as to why certain questions posed by the Defendants should not be determined separately in advance of the trial. His Honour found that "the defendants have failed to establish that the proposed separate trial involves utility, economy and fairness to all the parties. It has not been demonstrated to my satisfaction that it is desirable for the Court to embark upon the path of a separate trial."
For those interested, the judgment is Brisbane Cruise Wharf Pty Ltd v Body Corporate for Portside Wharf Principal Community Titles Scheme 36407 [2024] QSC 128.
Senior Project Officer with the Highlands & Islands Climate Hub
6moThrilled for you Ryan Maclean you’ll be brilliant 👏🏼