Irwin v Pamplin (No 2)

Irwin v Pamplin (No 2) was an application in the Supreme Court of New South Wales. The primary issue before the Court was whether an application for a separate hearing should be granted, as well as whether the application for recusal should be dismissed. The dispute between the parties centred around the form of relief sought in the claim, which included both an account and damages. The Court was required to determine whether the overriding purpose of the Civil Procedure Act 2005 (NSW) would be served by deferring the determination of the form of relief until after a separate hearing had been held.

The Court considered the principles of case management and the overriding purpose of the Civil Procedure Act 2005 (NSW). The Court held that the overriding purpose would be best served by granting a separate hearing, as it would enable the parties to fully present their arguments and evidence on the merits of the claim, without the potential confusion and delay caused by determining the form of relief at an early stage. Furthermore, the Court found that the application for recusal was without merit, as there was no evidence of apparent pre-determination of the interlocutory application concerning case management, and therefore no impact on the substantive rights of the parties.

In light of the above, the Court granted the application for a separate hearing, and dismissed the application for recusal. The Court found that the overriding purpose of the Civil Procedure Act 2005 (NSW) would be best served by deferring the determination of the form of relief until after a separate hearing had been held. No orders were made in relation to costs.