Wild v FSS Trustee Corporation as trustee of the First State Superannuation Scheme [2017] NSWSC 237

Procedural Posture

Procedural and Other Rulings / Notice of Motion by Met Life for Separate Determination of the First Stage Issue Before the Second Stage

Legal Issues

1. 1 ["Whether the question of whether MetLife's decision to decline indemnity can be vitiated should be heard separately and before the question of whether Mr Wild is in fact totally and permanently disabled within the meaning of the policy." 'Whether separate determination would unfairly expose Mr Wild to cross-examination twice.' "Whether the defendants' undertakings not to cross-examine Mr Wild if he gives evidence on the separate question sufficiently addressed that concern."]

Ratio Decidendi

The Court ordered separate determination because the first stage was a discrete inquiry that could materially save time, costs and Court resources and might dispose of the proceedings, while the principal concern about unfairness from double cross-examination was addressed by the defendants' undertakings not to cross-examine Mr Wild if he gave evidence on the separate question; any remaining risk of duplicated evidence was remote.

Court Disposition

Order for separate determination of issues; costs of the motion to be costs in the cause.

Orders

• ["The first stage issue concerning whether MetLife's decision to decline indemnity can be vitiated is to be heard separately and before the second stage." 'The costs of the motion are costs in the cause.']