Metropolitan Petar v Mitreski [2007] NSWSC 94

Metropolitan Petar v Mitreski [2007] NSWSC 94

A limited defence was inappropriate because the Court could not see the way forward, including any separate determination of questions, without issue being joined or not joined on all outstanding matters. A full defence by the sixth defendant was therefore required to enable the Court and parties to identify the outstanding issues and determine further directions.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Equity Division Civil Proceeding / Directions Hearing on Plaintiffs' Application for a Direction That Defences Be Filed
Outcome
Direction made requiring the sixth defendant to file its defence on or before 28 March 2007; matter stood over for further directions.
Legal Topics
['supreme Court Procedure' 'practice Under Ucpr' 'pleadings' 'defence' 'separate Decision of Questions' 'directions']
['civil Procedure' 'equity'] ['supreme Court Procedure' 'practice Under Ucpr' 'pleadings' 'defence' 'separate Decision of Questions' 'directions']

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Procedural Posture

Equity Division Civil Proceeding / Directions Hearing on Plaintiffs' Application for a Direction That Defences Be Filed

Legal Issues

  1. 1 ['Whether the Court should direct the filing of a defence limited to paragraphs 7 and 22 of the Statement of Claim Version 8 or require a full defence.' 'What directions should be made for the filing of defences and further conduct of the proceedings.']

Ratio Decidendi

A limited defence was inappropriate because the Court could not see the way forward, including any separate determination of questions, without issue being joined or not joined on all outstanding matters. A full defence by the sixth defendant was therefore required to enable the Court and parties to identify the outstanding issues and determine further directions.

Court Disposition

Direction made requiring the sixth defendant to file its defence on or before 28 March 2007; matter stood over for further directions.

Orders

  • ['I direct that the 6th defendant file its defence on or before 28 March 2007.' 'I stand the matter over to 9am on 22 February 2007 before me for further directions generally and particularly as to the filing of defences by the 1st to 5th and 8th defendants.' 'I grant liberty to restore on 12 hours notice between...