R & J Lyons Family Settlement Pty Limited & Anor v 155 Macquarie Street Pty Limited & Anor [2006] NSWSC 1187

R & J Lyons Family Settlement Pty Limited & Anor v 155 Macquarie Street Pty Limited & Anor [2006] NSWSC 1187

Separate determination of the questions would not resolve the proceedings nor shorten them; the issues are too intertwined and are not sufficiently severable. The Court declined to order a separate hearing of the pleaded questions and determined that the whole matter should proceed together.

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Notice of Motion / Interlocutory Determination of Separate Questions Prior to Trial
Outcome
The notice of motion for separate determination of questions is dismissed.
Legal Topics
['separate Determination of Questions' 'construction of Release in Settlement Deed' 'just, Quick and Cheap Resolution of Proceedings' 'reference to and Reliance Upon Settled Matters']
['practice and Procedure' 'property Law' 'contract Law'] ['separate Determination of Questions' 'construction of Release in Settlement Deed' 'just, Quick and Cheap Resolution of Proceedings' 'reference to and Reliance Upon Settled Matters']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Determination of Separate Questions Prior to Trial

Legal Issues

  1. 1 ['Whether the cross-defendants are entitled to maintain by way of defence the matters pleaded in paragraphs 2 and 3 of their defence to cross-claim' 'Whether upon proper construction of the Deed of Settlement dated 3 December 2005 the cross-defendants released the cross-claimants in respect of matters raised in paragraphs 2 and 3 of the defence to cross-claim, so as to disentitle them to rely on them']

Ratio Decidendi

Separate determination of the questions would not resolve the proceedings nor shorten them; the issues are too intertwined and are not sufficiently severable. The Court declined to order a separate hearing of the pleaded questions and determined that the whole matter should proceed together.

Court Disposition

The notice of motion for separate determination of questions is dismissed.

Orders

  • ["The defendants/cross-claimants' notice of motion dated 8 August 2006 is dismissed." "The costs of the notice of motion shall be the plaintiffs/cross-defendants' costs in the cause."]