Wanis v Lifestyle Residences Hobsons Bay Pty Ltd [2023] NSWSC 1066

Wanis v Lifestyle Residences Hobsons Bay Pty Ltd [2023] NSWSC 1066

The Court ordered separate determination because the guarantee issues were truly distinct from issues concerning construction of the loan agreement, interest, and any foreshadowed Contracts Review Act claim; the evidence included the relevant agreements and deeds and established the necessary concrete facts; determination would resolve whether Mr Van and Mr Harrison were bound by the deeds of guarantee and significantly narrow the remaining issues; and separate determination would advance the just, quick and cheap resolution of the real issues and may assist settlement.

Jurisdiction
Australia
Judgment Date
05 September 2023
Procedural Posture
Civil Procedure; Notice of Motion Seeking Separate Determination of Questions Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw) / Interlocutory Motion by the Plaintiff for Hearing of Separate Questions in Relation to Claims Against the Second and Third Defendants
Outcome
Hearing of separate questions ordered; costs of the motion awarded to Mr Wanis against Mr Van and Mr Harrison; matter listed for further directions.
Legal Topics
['separate Determination of Questions' 'uniform Civil Procedure Rules 2005 (nsw), R 28.2' 'guarantees' 'loan Facility Agreement' 'deeds of Guarantee' 'case Management' 'costs']
['civil Procedure' 'contract Law'] ['separate Determination of Questions' 'uniform Civil Procedure Rules 2005 (nsw), R 28.2' 'guarantees' 'loan Facility Agreement' 'deeds of Guarantee' 'case Management' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure; Notice of Motion Seeking Separate Determination of Questions Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw) / Interlocutory Motion by the Plaintiff for Hearing of Separate Questions in Relation to Claims Against the Second and Third Defendants

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) to order separate determination of the questions posed by Mr Wanis.' "Whether the proposed questions concerning Mr Van and Mr Harrison's liability under deeds of guarantee were distinct from issues concerning construction of the loan agreement, interest, and any foreshadowed Contracts Review Act claim." 'Whether concrete facts sufficient to determine the separate questions could be established on the evidence despite the absence of agreed facts.']

Ratio Decidendi

The Court ordered separate determination because the guarantee issues were truly distinct from issues concerning construction of the loan agreement, interest, and any foreshadowed Contracts Review Act claim; the evidence included the relevant agreements and deeds and established the necessary concrete facts; determination would resolve whether Mr Van and Mr Harrison were bound by the deeds of guarantee and significantly narrow the remaining issues; and separate determination would advance the just, quick and cheap resolution of the real issues and may assist settlement.

Court Disposition

Hearing of separate questions ordered; costs of the motion awarded to Mr Wanis against Mr Van and Mr Harrison; matter listed for further directions.

Orders

  • ['Pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW), the specified questions are to be determined separately from any other questions in the proceedings and before the trial of the other questions in the proceedings.' 'Question a: Is the plaintiff entitled to a declaration that the second and third...