3 Feb 2012
BONNEY, BONNEY, CST TRUSTEES LIMITED AND MURDOCH HALL TRUSTEE COMPANY LIMITED V VALERIE JOY COTTLE HC AK CIV-2010-404-427
- Citation
- openlaw-38a1da96_7f79_4a83_b7f3_e85c8e55cafb.pdf
- Court
- High Court
The application for separate preliminary questions was refused because the central factual issue (whether the Bolers had direct personal involvement) overlaps materially with the claims against other defendants, requires viva voce evidence and cross‑examination of common witnesses, risks duplication and prejudice through multiple hearings and possible appeals, and the procedural disadvantages outweighed any limited saving from a split trial.