Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health [2023] NSWSC 1343

Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health [2023] NSWSC 1343

The Court refused to order separate determination of the proposed question because its resolution required extensive factual evidence, much of which would be duplicated at trial if proceedings continued; there was a risk of inconsistent findings; and separate determination would not achieve procedural efficiency or reduce the burden on the parties or the Court.

Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Civil (equity Commercial List) / Interlocutory Application for Determination of Separate Question
Outcome
Application for separate question refused
Legal Topics
['separate Determination of Question' 'enforceable Procurement Provisions' 'government Procurement' 'interlocutory Applications']
['civil Procedure'] ['separate Determination of Question' 'enforceable Procurement Provisions' 'government Procurement' 'interlocutory Applications']

Case Brief

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Procedural Posture

Civil (equity Commercial List) / Interlocutory Application for Determination of Separate Question

Legal Issues

  1. 1 ['Whether hearing of a separate question should be ordered under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the Procurement (comprised of RFI HT2008 and RFP HT21089/RFx193211) is a procurement to which an enforceable procurement provision applies or applied' 'Whether the Direction applies to procurements conducted by Health Administration Corporation or only the Ministry of Health' "Whether the procurement was for 'health and welfare services' and thereby excluded"]

Ratio Decidendi

The Court refused to order separate determination of the proposed question because its resolution required extensive factual evidence, much of which would be duplicated at trial if proceedings continued; there was a risk of inconsistent findings; and separate determination would not achieve procedural efficiency or reduce the burden on the parties or the Court.

Court Disposition

Application for separate question refused

Orders

  • ["Dismiss the part of Modeus' Notice of Motion filed 11 August 2023 that seeks separate determination of the question"]