Lambert v Twigg; Twigg v Twigg (No 3) [2019] NSWSC 1363

Lambert v Twigg; Twigg v Twigg (No 3) [2019] NSWSC 1363

The high likelihood of credit issues arising in relation to common witnesses, together with potential determinative overlap of the issues, makes it desirable under UCPR r 28.5 to order both sets of proceedings to be tried together or consecutively, notwithstanding any delay that may affect the proceedings that are already ready for hearing.

Jurisdiction
Australia
Judgment Date
08 October 2019
Procedural Posture
Civil Equity (commercial List) / Interlocutory Procedural Ruling Order for Joint Hearing of Proceedings
Outcome
Order made that proceedings 2018/212326 and 2019/71329 be tried at the same time or one immediately after the other; directions stood over; costs reserved as costs in the cause.
Legal Topics
['joinder of Proceedings' 'order for Concurrent Hearing' 'trust Administration']
['civil Procedure' 'equity'] ['joinder of Proceedings' 'order for Concurrent Hearing' 'trust Administration']

Case Brief

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Procedural Posture

Civil Equity (commercial List) / Interlocutory Procedural Ruling Order for Joint Hearing of Proceedings

Legal Issues

  1. 1 ['Whether the two sets of proceedings should be heard together.' 'Whether credit issues and overlapping evidence justify concurrent hearing.' 'Whether delay in hearing one proceeding outweighs the benefit of hearing together.']

Ratio Decidendi

The high likelihood of credit issues arising in relation to common witnesses, together with potential determinative overlap of the issues, makes it desirable under UCPR r 28.5 to order both sets of proceedings to be tried together or consecutively, notwithstanding any delay that may affect the proceedings that are already ready for hearing.

Court Disposition

Order made that proceedings 2018/212326 and 2019/71329 be tried at the same time or one immediately after the other; directions stood over; costs reserved as costs in the cause.

Orders

  • ['Pursuant to UCPR r 28.5, proceedings 2018/212326 (Lambert v Twigg Investments Pty Ltd) and 2019/71329 (Twigg v Twigg) be tried at the same time or one immediately after the other.' 'Costs of the argument on 8 October 2019 be the costs of the proceedings in each proceeding.' 'Liberty to apply as to the form of the...