BlackRock Asset Management Australia Services Limited v Waked [2011] FCA 272

BlackRock Asset Management Australia Services Limited v Waked [2011] FCA 272

In balancing the risks of splitting the issues and the potential prejudice to the respondents' business, the interests of justice favour expedition and separation of the liability issue from quantum; accordingly, the Court ordered separation and stood the matter over for directions.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Civil / Interlocutory Application Regarding Separation of Issues and Expedition
Outcome
Application granted
Legal Topics
['separate Questions' 'expedition of Trial' 'federal Court Rules O 29 R 2']
['practice and Procedure'] ['separate Questions' 'expedition of Trial' 'federal Court Rules O 29 R 2']

Case Brief

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Procedural Posture

Civil / Interlocutory Application Regarding Separation of Issues and Expedition

Legal Issues

  1. 1 ['Whether to order separation of the issue of quantum from liability under O 29 r 2 of the Federal Court Rules' 'Whether to expedite the hearing of the issue of liability']

Ratio Decidendi

In balancing the risks of splitting the issues and the potential prejudice to the respondents' business, the interests of justice favour expedition and separation of the liability issue from quantum; accordingly, the Court ordered separation and stood the matter over for directions.

Court Disposition

Application granted

Orders

  • ['The matter be stood over for directions at 9:30am on Wednesday 23 March 2011.' 'Issue of liability separated from quantum for expedition.']