2 Oct 2007
BLUE STAR V HEIDELBERG GRAPHIC HC AK CIV 2007-404-2967
- Citation
- openlaw-65c98f91_1cc2_4c51_a859_ee587024d7b6.pdf
- Court
- High Court
The Court exercised its discretion under r 418 to determine the preliminary questions together rather than in stages because doing so avoids artificiality and risk of inconsistent outcomes and because the defendant is entitled to adduce post-contract conduct evidence which is relevant to the interpretation of clause 13 and overlaps with the evidence relevant to the later terms; accordingly the Court formulated four specific preliminary questions to be determined together.