Andrew Edward Christian Kloster v Xinc Financial Services Pty Limited & Ors [2008] NSWSC 287

Andrew Edward Christian Kloster v Xinc Financial Services Pty Limited & Ors [2008] NSWSC 287

The Court dismissed the application because the materials indicated a high likelihood of overlap in lay and expert evidence, questions of expertise could not be quarantined from other areas of expertise, the asserted economies of time and cost from separating liability were doubtful, and separate question orders may...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Procedural Ruling on Separate Questions / Amended Notice of Motion Filed on 28 March 2008
Outcome
Application for separate questions order dismissed
Legal Topics
['separate Questions' 'separate Determination of Liability and Damages' 'exercise of Discretion']
['civil Procedure' 'commercial Litigation'] ['separate Questions' 'separate Determination of Liability and Damages' 'exercise of Discretion']

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Procedural Posture

Procedural Ruling on Separate Questions / Amended Notice of Motion Filed on 28 March 2008

Legal Issues

  1. 1 ["Whether the question of the defendants' liability to the plaintiff should be determined separately from the question of what damages, if any, the defendants are liable to pay to the plaintiff."]

Ratio Decidendi

The Court dismissed the application because the materials indicated a high likelihood of overlap in lay and expert evidence, questions of expertise could not be quarantined from other areas of expertise, the asserted economies of time and cost from separating liability were doubtful, and separate question orders may generate later disputes about whether particular evidence falls on the liability or quantum side of the hearing.

Court Disposition

Application for separate questions order dismissed

Orders

  • ['The application for the separate question order stands dismissed.']