Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) (No 2) [2013] FCA 724

Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liquidation) (No 2) [2013] FCA 724

Given the common issues of fact and to avoid multiple examinations and inconsistent findings, the trial of the claim and cross-claims should be heard together, with witnesses giving evidence only once and all parties bound by the one determination of fact.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Interlocutory Application in Main Proceeding With Cross Claims / Hearing of Directions for Conduct of Trial
Outcome
Directions hearing adjourned; order for joint hearing of claim and cross-claims with further orders to be made.
Legal Topics
['cross Claims' 'trial Procedure' 'sequencing of Hearings']
['civil Procedure'] ['cross Claims' 'trial Procedure' 'sequencing of Hearings']

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Procedural Posture

Interlocutory Application in Main Proceeding With Cross Claims / Hearing of Directions for Conduct of Trial

Legal Issues

  1. 1 ['Whether trial of claim and cross-claims should proceed together or sequentially' 'Proper procedure for hearing cross-claims related to the main claim']

Ratio Decidendi

Given the common issues of fact and to avoid multiple examinations and inconsistent findings, the trial of the claim and cross-claims should be heard together, with witnesses giving evidence only once and all parties bound by the one determination of fact.

Court Disposition

Directions hearing adjourned; order for joint hearing of claim and cross-claims with further orders to be made.

Orders

  • ['The directions hearing be adjourned to Thursday 8 August 2013 at 9.30 am.']