Century Medical v THLD [2000] NSWSC 5

Century Medical v THLD [2000] NSWSC 5

The relationships and issues between all defendants are closely intertwined, with common factual and legal matters, so there is no clear demarcation between the claims to justify a separate hearing; therefore, the requirements for an order for separate determination have not been satisfied.

Parties
Plaintiff: Century Medical Inc; First Defendant: THLD Limited; Second Defendant: Medical TPLC Pty Limited; Third Defendant: TPLC Pty Limited; Fourth Defendant: Telectronics Pacing Systems Inc; Fifth Defendant: TPLC Incorporated; Sixth Defendant: Nucleus Limited; Seventh Defendant: Pacific Dunlop Limited
Jurisdiction
Australia
Judgment Date
03 February 2000
Procedural Posture
Equity Division Commercial List / Interlocutory Application for Separate Hearing/order for Preliminary Issue
Outcome
Application dismissed with costs.
Legal Topics
Separate Determination of Issues, Interlocutory Applications, Case Management
Civil Procedure Separate Determination of Issues Interlocutory Applications Case Management

Case Brief

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Parties

Century Medical Inc

Plaintiff

THLD Limited

First Defendant

Medical TPLC Pty Limited

Second Defendant

TPLC Pty Limited

Third Defendant

Telectronics Pacing Systems Inc

Fourth Defendant

TPLC Incorporated

Fifth Defendant

Nucleus Limited

Sixth Defendant

Pacific Dunlop Limited

Seventh Defendant

Procedural Posture

Equity Division Commercial List / Interlocutory Application for Separate Hearing/order for Preliminary Issue

Legal Issues

  1. 1 Whether the proceedings should be split such that the case against the sixth and seventh defendants be heard only after determination of liability of the first to fifth defendants

Ratio Decidendi

The relationships and issues between all defendants are closely intertwined, with common factual and legal matters, so there is no clear demarcation between the claims to justify a separate hearing; therefore, the requirements for an order for separate determination have not been satisfied.

Court Disposition

Application dismissed with costs.

Orders

  • Notice of Motion filed on 28 October 1999 dismissed with costs.