Cockerill, G.D. & Ors v Westpac Banking Corporation [1995] FCA 455

Cockerill, G.D. & Ors v Westpac Banking Corporation [1995] FCA 455

Given the discrete nature of the compromise issue and the respondent's undertaking, it is appropriate to order a separate trial of the compromise issue as a preliminary matter under O. 29, r. 2 of the Federal Court Rules.

Parties
Applicant: Graham Douglas Cockerill; Applicant: Arthur David Thomas Dingle; Applicant: Valerie Dingle; Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
28 June 1995
Procedural Posture
Application (interlocutory) / Order for Separate Trial of Preliminary Issue
Outcome
Preliminary issue ordered to be tried separately before trial of other issues. Costs of the respondent's motion to be costs in the proceedings.
Legal Topics
Compromise Agreement, Preliminary Issues, Foreign Currency Loan, Procedural Orders
Banking Law Contract Law Civil Procedure Compromise Agreement Preliminary Issues Foreign Currency Loan Procedural Orders

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Parties

Graham Douglas Cockerill

Applicant

Arthur David Thomas Dingle

Applicant

Valerie Dingle

Applicant

Westpac Banking Corporation

Respondent

Procedural Posture

Application (interlocutory) / Order for Separate Trial of Preliminary Issue

Legal Issues

  1. 1 Whether applicants' claims were compromised by a written agreement dated 5 February 1988 or alternatively 9 February 1988
  2. 2 Whether the compromise issue should be determined as a preliminary issue

Ratio Decidendi

Given the discrete nature of the compromise issue and the respondent's undertaking, it is appropriate to order a separate trial of the compromise issue as a preliminary matter under O. 29, r. 2 of the Federal Court Rules.

Court Disposition

Preliminary issue ordered to be tried separately before trial of other issues. Costs of the respondent's motion to be costs in the proceedings.

Orders

  • The preliminary issue of whether the applicants agreed in writing to release the respondent from claims arising out of the offshore loan to be tried separately and before other issues.
  • The costs of and incidental to the respondent's notice of motion are to be costs in the proceedings.