Kuypers v Ashton Coal Operations Pty Limited [2014] NSWSC 208

Kuypers v Ashton Coal Operations Pty Limited [2014] NSWSC 208

Because the insurer indemnity question concerned only the second defendant and the two insurers, could be resolved by evidence about the nature of the second defendant's business, was urgent given the plaintiff was receiving benefits, and would resolve part of the litigation expeditiously without unnecessary time and cost for parties not properly involved, the agreed separate determination orders should be made.

Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Interlocutory Applications / Notice of Motion for Separate Determination Before Trial
Outcome
Consent orders made. Costs reserved.
Legal Topics
['separate Determination' 'insurance Indemnity' 'workers Compensation Benefits' 'coal Industry Employer']
['civil Procedure'] ['separate Determination' 'insurance Indemnity' 'workers Compensation Benefits' 'coal Industry Employer']

Case Brief

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Procedural Posture

Interlocutory Applications / Notice of Motion for Separate Determination Before Trial

Legal Issues

  1. 1 ["Whether a question as to which of two insurers is liable to indemnify Silver City Drilling against legal costs and liability for compensation arising from the plaintiff's claim should be determined separately in advance of the trial." 'Whether, at the material time, the second defendant was an employer in the coal industry.']

Ratio Decidendi

Because the insurer indemnity question concerned only the second defendant and the two insurers, could be resolved by evidence about the nature of the second defendant's business, was urgent given the plaintiff was receiving benefits, and would resolve part of the litigation expeditiously without unnecessary time and cost for parties not properly involved, the agreed separate determination orders should be made.

Court Disposition

Consent orders made. Costs reserved.

Orders

  • ['The orders sought were made in terms of the short minutes marked MFI 1 as amended at the hearing so far as order 7 is concerned.' 'Costs reserved.' 'The matter is adjourned to a date to be fixed.']