Southern Cross Constructions (NSW) Pty Ltd v The Owners of Strata Plan No. 20823 and 19860 [2008] NSWLEC 205

Southern Cross Constructions (NSW) Pty Ltd v The Owners of Strata Plan No. 20823 and 19860 [2008] NSWLEC 205

The application for separate determination is refused because the questions identified involve issues of fact and degree that cannot be appropriately determined without a full consideration of the facts. The ordinary principle that all issues should be tried together prevails.

Jurisdiction
Australia
Judgment Date
24 June 2008
Procedural Posture
Application / Interlocutory (determination of Separate Question and Expedition)
Outcome
Respondents' notices of motion for separate determination dismissed; applicant's notice of motion for expedition adjourned.
Legal Topics
['separate Determination of Issues' 'practice and Procedure' 'access to Neighbouring Land']
['civil Procedure'] ['separate Determination of Issues' 'practice and Procedure' 'access to Neighbouring Land']

Case Brief

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Procedural Posture

Application / Interlocutory (determination of Separate Question and Expedition)

Legal Issues

  1. 1 ['Whether it is appropriate to determine separately the questions relating to the construction of the Access to Neighbouring Land Act 2000 where factual issues are involved' 'Scope of Access to Neighbouring Land Act 2000 regarding rock anchors and crane jib swing over neighbouring land']

Ratio Decidendi

The application for separate determination is refused because the questions identified involve issues of fact and degree that cannot be appropriately determined without a full consideration of the facts. The ordinary principle that all issues should be tried together prevails.

Court Disposition

Respondents' notices of motion for separate determination dismissed; applicant's notice of motion for expedition adjourned.

Orders

  • ["Respondents' notices of motion filed 20 June 2008 dismissed." "Applicant's notice of motion filed 16 June 2008 adjourned for mention before the List Judge on 27 June 2008." "Costs of the respondents' motions filed 20 June 2008 reserved."]