Seamez v McLaughlin [1999] NSWSC 25

Seamez v McLaughlin [1999] NSWSC 25

As the issue of liability is not sufficiently discrete from the overall outcome, and future developments may affect costs entitlements, the costs of the separate trial as to liability should be reserved for later determination.

Jurisdiction
Australia
Judgment Date
11 February 1999
Procedural Posture
Civil / Post Separate Trial as to Liability; Interlocutory Judgment on Costs
Outcome
Costs reserved
Legal Topics
['costs' 'separate Trial' 'liability' 'reserve Costs']
['civil Procedure'] ['costs' 'separate Trial' 'liability' 'reserve Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Separate Trial as to Liability; Interlocutory Judgment on Costs

Legal Issues

  1. 1 ['Whether to order costs of the separate trial or reserve costs']

Ratio Decidendi

As the issue of liability is not sufficiently discrete from the overall outcome, and future developments may affect costs entitlements, the costs of the separate trial as to liability should be reserved for later determination.

Court Disposition

Costs reserved

Orders

  • ['Costs of the separate trial as to liability reserved for determination by the judge hearing the next segment of proceedings']