Globe Church Incorporated v Allianz Australia Insurance Ltd [2018] NSWSC 1367

Globe Church Incorporated v Allianz Australia Insurance Ltd [2018] NSWSC 1367

The Court ordered separate determination because the proposed questions were discrete questions of law based on agreed facts, involved no credibility issues, were unlikely to require facts to be revisited at final hearing, could be heard much earlier than trial, and if determined favourably to the defendants would substantially narrow or dispose of the proceedings and avoid considerable expense. The Court ordered removal to the Court of Appeal because there was at least a serious apparent conflict in authority on accrual of causes of action under insurance policies, a single judge would be constrained by stare decisis, clarification at appellate level was needed, and an appeal from a...

Jurisdiction
Australia
Judgment Date
06 September 2018
Procedural Posture
Civil Procedure Ruling in Insurance Proceedings Concerning Limitation Defences / Defendants' Notices of Motion for Separate Determination of Questions Under Uniform Civil Procedure Rules 2005 (nsw) R 28.2 and Removal Into the Court of Appeal Under R 1.21 Before Final Hearing
Outcome
Separate questions ordered and proceedings removed into the Court of Appeal for determination of those questions.
Legal Topics
['separate Determination of Questions' 'removal to Court of Appeal' 'accrual of Causes of Action Under Insurance Policies' 'limitation Period Under S 14 of the Limitation Act 1969 (nsw)' 'indemnity for Property Damage']
['civil Procedure' 'insurance' 'limitation of Actions'] ['separate Determination of Questions' 'removal to Court of Appeal' 'accrual of Causes of Action Under Insurance Policies' 'limitation Period Under S 14 of the Limitation Act 1969 (nsw)' 'indemnity for Property Damage']

Case Brief

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Procedural Posture

Civil Procedure Ruling in Insurance Proceedings Concerning Limitation Defences / Defendants' Notices of Motion for Separate Determination of Questions Under Uniform Civil Procedure Rules 2005 (nsw) R 28.2 and Removal Into the Court of Appeal Under R 1.21 Before Final Hearing

Legal Issues

  1. 1 ["Whether questions concerning accrual and maintainability of the plaintiff's claims in respect of the 2008 Policy should be determined separately and prior to any other questions in the proceedings." "Whether the proceedings should be removed into the Court of Appeal for determination of the separate questions because of apparent conflict in authority about when an insured's cause of action accrues." "Whether the plaintiff should be protected from liability for more than one set of defendants' costs in relation to the notices of motion."]

Ratio Decidendi

The Court ordered separate determination because the proposed questions were discrete questions of law based on agreed facts, involved no credibility issues, were unlikely to require facts to be revisited at final hearing, could be heard much earlier than trial, and if determined favourably to the defendants would substantially narrow or dispose of the proceedings and avoid considerable expense. The Court ordered removal to the Court of Appeal because there was at least a serious apparent conflict in authority on accrual of causes of action under insurance policies, a single judge would be constrained by stare decisis, clarification at appellate level was needed, and an appeal from a...

Court Disposition

Separate questions ordered and proceedings removed into the Court of Appeal for determination of those questions.

Orders

  • ['Order pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 28.2 that the identified questions concerning accrual and maintainability of claims in respect of the 2008 Policy be determined separately from and prior to any other questions in the proceedings.' 'Order pursuant to Uniform Civil Procedure Rules 2005...