Stankovic v Stankovic [2008] NSWSC 425

Stankovic v Stankovic [2008] NSWSC 425

Although there was much to commend determining the entitlement issue as a preliminary question, the hearing would require an adjournment in any event and the first defendant's late evidence meant the plaintiff should not be denied the opportunity to investigate and, if desired, test that material. The entitlement issue would therefore not be determined separately.

Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Procedural and Other Ruling in Equity Division Expedition List Inquiry Concerning Taking of Accounts / Proposal to Determine the Entitlement Issue as a Separate Question
Outcome
Entitlement issue not to be determined as a separate question.
Legal Topics
['separate Determination of Questions' 'taking of Accounts' 'late Evidence' 'adjournment' 'entitlement to Proceeds of Sale']
['civil Procedure' 'equity'] ['separate Determination of Questions' 'taking of Accounts' 'late Evidence' 'adjournment' 'entitlement to Proceeds of Sale']

Case Brief

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Procedural Posture

Procedural and Other Ruling in Equity Division Expedition List Inquiry Concerning Taking of Accounts / Proposal to Determine the Entitlement Issue as a Separate Question

Legal Issues

  1. 1 ['Whether the entitlement issue, namely whether the plaintiff or the first defendant, or both, were entitled to the net proceeds of sale of 2 Tea Tree Crescent, should be determined separately and before the other issues on the inquiry.' 'Whether the plaintiff should be given an opportunity to investigate and test late evidence produced by the first defendant.']

Ratio Decidendi

Although there was much to commend determining the entitlement issue as a preliminary question, the hearing would require an adjournment in any event and the first defendant's late evidence meant the plaintiff should not be denied the opportunity to investigate and, if desired, test that material. The entitlement issue would therefore not be determined separately.

Court Disposition

Entitlement issue not to be determined as a separate question.

Orders

  • ['The Court will not order that the entitlement issue be determined as a separate question.']