Newling v FSS Trustee Corporation [2017] NSWSC 1839

Newling v FSS Trustee Corporation [2017] NSWSC 1839

Order for separate determination of the first stage (breach of duty by insurer) is appropriate; wording of the separate question should follow the Amended Statement of Claim; costs thrown away by amendment are to be borne by plaintiff, costs of motion are costs in the cause.

Parties
Plaintiff: Kim Newling; First Defendant: FSS Trustee Corporation; Second Defendant: MetLife Insurance Ltd
Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Civil Procedure / Interlocutory Application for Separate Question Order
Outcome
Order made for separate question to be determined in accordance with Amended Statement of Claim; costs orders made as specified.
Legal Topics
Separate Questions, Total Permanent Disability Benefits, Insurance Claims, Procedure for Hearing Stages
Equity Civil Procedure Separate Questions Total Permanent Disability Benefits Insurance Claims Procedure for Hearing Stages

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Parties

Kim Newling

Plaintiff

FSS Trustee Corporation

First Defendant

MetLife Insurance Ltd

Second Defendant

Procedural Posture

Civil Procedure / Interlocutory Application for Separate Question Order

Legal Issues

  1. 1 Whether order should be made for determination of a separate question as to breach by insurer
  2. 2 Appropriate form of order for separate question following the Statement of Claim

Ratio Decidendi

Order for separate determination of the first stage (breach of duty by insurer) is appropriate; wording of the separate question should follow the Amended Statement of Claim; costs thrown away by amendment are to be borne by plaintiff, costs of motion are costs in the cause.

Court Disposition

Order made for separate question to be determined in accordance with Amended Statement of Claim; costs orders made as specified.

Orders

  • Orders made in accordance with paragraphs 1, 3, 4 and 5 of Short Minutes of Order as initialled and dated by the judge.
  • Agreement of parties as to outcome of separate question is noted.