The Estate of Tabain (No 2)
[2025] NSWSC 985
Para 91
…r r 28.2 of the UCPR. But just as clearly, the starting point is that all questions of fact and law should be determined at once: Southwell v Bennett [2010] NSWSC 1372 at [15(g)] (Hallen AsJ); Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 at [7(3)] (Einstein J). The starting point under the UCPR fo…
Robinson v Riverina Equestrian Association
[2025] NSWSC 772
…12] NSWSC 593 El Chami v Mackie [2019] NSWSC 821 Robinson v Riverina Equestrian Association [2022] NSWSC 1613 Southwell v Bennett [2010] NSWSC 1372 Texts Cited: N/A Category: Procedural rulings Parties: Scarlett Anne Robinson bnhf Anthony James Robinson (Plaintiff) Riverina Equestrain Association (First Defendant) E…
Mihova & Mihova (No 2)
[2025] FedCFamC1F 284
Para 18
…(NSW). In Marley & Ormonde [2020] FamCA 1046 Deputy Chief Justice McClelland cited with approval the observations of Hallen J in Southwell v Bennett [2010] NSWSC 1372 where his Honour observed as follows: [15] … (e)As a general rule, the discretionary power to order separate determination of a question should be ap…
Bowman v Bliss Early Learning Maroubra Pty Ltd
[2024] NSWDC 600
Para 27
…In Southwell v Bennett [2010] NSWSC 1372, Hallen AsJ set out the principles applicable in paragraph 15, in some detail.…
Osferatu & Lawrenz
[2024] FedCFamC1F 696
Para 14
…The case law referred to in Barone and Whittle includes the authority of Southwell v Bennett [2010] NSWSC 1372 (“ Southwell v Bennett ”), which was applied to decision-making in this Court in both Barone and Whittle and Zagoreos and Zagoreos (2018) 57 Fam LR 358.…
Australian Salaried Medical Officers’ Federation (NSW) v State of New South Wales (No. 3)
[2024] NSWSC 362
Para 44
…fact-specific questions without clear implications for the proceedings as a whole, would not generally be determined separately: Southwell v Bennett [2010] NSWSC 1372 at [15] (Hallen AsJ).…
Sripathi v Central Coast Local Health District
[2024] NSWSC 243
Para 11
…Hallen AsJ revisited these principles in 2010 in Southwell v Bennett [2010] NSWSC 1372 (“ Southwell ”). It was common ground that the principles stated by Hallen AsJ in Southwell at [15] properly stated the application and interpretation of r 28.2 as follows:…
Cook by her tutor Kristy Stewart v Riding for the Disabled Association (NSW) Raymond Terrace and Lower Hunter Centre
[2023] NSWSC 1503
Para 17
…ary of the principles to be applied to the issue of whether separate questions should be determined was provided by Hallen ASJ in Southwell v Bennett [2010] NSWSC 1372 at [15], and more recently restated by Wilson J in Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297:…
Aymsheen Pty Ltd v Chief Commissioner of State Revenue
[2023] NSWSC 1237
Para 8
…view I have also considered carefully the applicable principles for whether such an order should be made which were summarised in Southwell v Bennett [2010] NSWSC 1372 at [15], which the parties agree sets out the relevant factors to be taken into account. It is recognised in the cases which have dealt with this iss…
Andersen v Nine Network Australia Pty Ltd; Andersen v Nationwide News Pty Ltd
[2023] NSWDC 358
Para 45
…the undesirability of separate determinations made by Harrison AsJ in El Chami v Mackie [2019] NSWSC 821 at [10], by Hallen J in Southwell v Bennett [2010] NSWSC 1372 at [15] and by Beech-Jones J in Crawley v Vero Insurance Ltd [2012] NSWSC 593 at [15], as well as ss 56-60 of the Civil Procedure Act 2005 (NSW) conc…
Lila Foxall (by her tutor Robert Foxall) v Kristy Carter
[2023] NSWSC 747
Para 20
…ion for the separate determination of a question, in advance of others, were summarised by Hallen AsJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372 at [15] and were recently restated by Lonergan J in Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 430 at [26], as follows:…
Chapman v Gibbo's Transport Pty Ltd (No 3)
[2023] NSWSC 754
Para 25
…te of New South Wales & Anor [2022] NSWSC 907, where his Honour, quoted from a judgment of Hallen AsJ, as his Honour then was, in Southwell v Bennett [2010] NSWSC 1372 at [15]:…
Thomas v Aplitt
[2023] NSWSC 727
Para 27
…In determining the oral application, I had in mind the principles that I had set out in Southwell v Bennett [2010] NSWSC 1372 at [14]-[17], and Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 at [15]-[20], in which Beech-Jones J (as his Honour then was) adopted those principles (and made five further points). It…
Ivanoff v Alto Scaffolding Pty Ltd
[2022] ACTSC 155
Para 1
…including in a list of principles collected by Hallen AsJ (as his Honour then was) in relation to the equivalent rule in NSW in Southwell v Bennett [2010] NSWSC 1372, relevantly stating at [15] (citations omitted):…
Wipro Limited v State of New South Wales
[2022] NSWSC 907
…11. In Southwell v Bennett [2010] NSWSC 1372, Hallen AsJ (as his Honour then was) said at [15]:…
Nunn v Alyward
[2021] NSWDC 534
Para 15
…[1978] VR 669 at 671.30; and per Rolfe J in ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037; Southwell v Bennett [2010] NSWSC 1372 at [15] (“ Southwell ”); and Crawley v Vero Insurance Ltd [2012] NSWSC 593 (“ Crawley ”). 10. The general rule is that proceedings are listed for trial gen…
Cruden v Sae-ung
[2021] NSWSC 1070
Para 41
…s that apply in exercising the discretion of whether to make the order for separate determination. I dealt with the principles in Southwell v Bennett [2010] NSWSC 1372, at [15]:…
Guo v Gao
[2021] NSWSC 1059
Para 13
…I have stated a summary of the principles to be applied on whether a separate question should be permitted to be determined in Southwell v Bennett [2010] NSWSC 1372 at [15] - [17]. The principles stated in that case were referred to, more recently, by Lonergan J in Loretta Craig v Anthony Johnson [2020] NSWSC 430 at…
Tsiang & Wu
[2021] FamCA 482
Para 23
…a number of useful authorities, commencing with the decision of Associate Justice Hallan in the New South Wales Supreme Court in Southwell v Bennett [2010] NSWSC 1372. His Honour was determining the case pursuant to the provisions of r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) which, the Court notes, are…
Sydney Local Health District v Macquarie International Health Clinic Pty Ltd
[2020] NSWCA 274
…ust) Ltd v Commonwealth (1991) 173 CLR 194; [1991] HCA 43 Southwell v Bennett [2010] NSWSC 1372 Stoke-on-Trent City Council v W. & J. Wass Ltd [1988] 1 WLR 1406 Strand Electric and Engineering Co Ltd v Brisford Entertainments Ltd [1952] 2 QB 246 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Swordheath P…
Marley & Ormonde
[2020] FamCA 1046
Para 2
…In Southwell v Bennett [2010] NSWSC 1372 at [15]-[17], in reference to r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW), which is substantially similar to r 10.13 of the Rules, Hallen J at [15]-[17] stated the following: [15] I take the principles that apply in determining whether to make an order for the sepa…
Woodchem Australia Pty Limited v D and R Henderson Pty Ltd
[2020] NSWSC 1250
Para 109
…the discretion of whether to make the order for separate determination are comprehensively set out in the decision of Hallen J in Southwell v Bennett [2010] NSWSC 1372 (“ Southwell” ). At [15], his Honour set out those principles, which have been summarised as follows.…
Weiss v Weiss; Estate of Anita Hildegard Weiss
[2020] NSWSC 1064
Para 39
…I have stated a summary of the principles to be applied to the issue of whether a separate question should be determined in Southwell v Bennett [2010] NSWSC 1372 at [15]–[17]. The principles were restated, more recently, by Lonergan J in Loretta Craig v Anthony Johnson [2020] NSWSC 430 at [26]–[28] and by Davies J i…
Combis and Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (In Liquidation) v Lee
[2020] NSWSC 960
…[11] In Southwell v Bennett [2010] NSWSC 1372, Hallen AsJ (as his Honour then was) said at [15]: I take the principles that apply in determining whether to make an order for the separate determination of a question under the rule to be: (a) The rule speaks of “questions” and not “issues” and does not differentiate b…
Loretta Craig v Anthony Johnson
[2020] NSWSC 430
Para 26
…ummary of the principles to be applied to the issue of whether separate questions should be determined was given by Hallen ASJ in Southwell v Bennett [2010] NSWSC 1372 at [15], and recently restated by Wilson J in Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297:…
Davies v State of New South Wales
[2020] NSWSC 230
Para 25
…ited (1999) 198 CLR 180; [1999] HCA 36 at [436]; State of New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4 at [187]; Southwell v Bennett [2010] NSWSC 1372 at [15] (“ Southwell ”); and Crawley v Vero Insurance Ltd [2012] NSWSC 593.…
Joubert and Anor & Verhoeven and Anor
[2020] FamCA 53
Para 4
…ed as a separate question. c)Her Honour set out in full the statement of principles given by Hallen AsJ (as he then was) in Southwell v Bennett [2010] NSWSC 1372, a decision made under the Uniform Civil Procedure Rules 2005 (NSW), but applicable generally to applications for separate determination of questions or is…
Allsop Investments Pty Ltd v Jerkovic
[2020] NSWSC 113
Para 28
…forward by the defendants on the current application, reference is made to the decision of Hallen AsJ, as his Honour then was, in Southwell v Bennett [2010] NSWSC 1372 as to the relevant factors and considerations in the exercise of the discretion. Those are similar to the issues that were referred to by Einstein J…
Barone and Whittle
[2019] FamCA 924
Para 4
…amely Rules 10.13 and 10.14 of the Family Law Rules 2004 (Cth) (“ Family Law Rules ”), Ms Whittle referred to the decision in Southwell v Bennett [2010] NSWSC 1372 (“ Southwell v Bennett ”), as stating the applicable legal principles. In that decision, Hallen AsJ (as he then was) set out the principles that apply in…
Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Limited
[2019] NSWCA 262
Para 15
…e included: TVW Enterprises Ltd v Duffy [1985] FCA 109; Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 at 141-142; Southwell v Bennett [2010] NSWSC 1372 at [15] ( Southwell ); Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 at [92] per Ward JA ( Allandale ), in turn citing…
Slaven v Prime Media Group Limited
[2019] NSWDC 502
Para 15
…[1978] VR 669 at 671.30; and per Rolfe J in ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037; Southwell v Bennett [2010] NSWSC 1372 at [15] (“ Southwell ”); and Crawley v Vero Insurance Ltd [2012] NSWSC 593 (“ Crawley ”). 10. The general rule is that proceedings are listed for trial gen…
El Chami v Mackie
[2019] NSWSC 821
Para 9
…d [1978] VR 669 at 671.30; and per Rolfe J in ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037; Southwell v Bennett [2010] NSWSC 1372 at [15] (“ Southwell ”); and Crawley v Vero Insurance Ltd [2012] NSWSC 593 (“ Crawley ”).…
Legge v Universal Hospitality Group Pty Limited
[2019] NSWSC 760
Para 15
…ary of the principles to be applied to the question of whether separate questions should be determined was given by Hallen ASJ in Southwell v Bennett [2010] NSWSC 1372, at [15] and recently restated by Wilson J in Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297. The relevant princ…
Tom Folino-Gallo and Sons Investments Pty Limited v Zulian
[2019] NSWSC 596
Para 24
…h parties accepted that the Court should apply the principles as summarised and set out by Hallen AsJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372 at [15], which I respectfully adopt as follows:…
Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited
[2019] NSWSC 297
Para 42
…ary of the principles to be applied to the question of whether separate questions should be determined was given by Hallen ASJ in Southwell v Bennett [2010] NSWSC 1372, at [15] as:…
Globe Church Incorporated v Allianz Australia Insurance Ltd
[2018] NSWSC 1367
Para 18
…The principles governing the ordering of separate questions are set out by Hallen ASJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372 at [15]; by Beech-Jones in J Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 at [16]-[20]; and by Ward J (as her Honour then was) in Allandale Blue Metal Pty Ltd…
Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd
[2018] NSWSC 1284
Para 11
…In Southwell v Bennett [2010] NSWSC 1372, Hallen ASJ (as his Honour then was) said at [15]:…
BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd
[2018] NSWSC 1052
Para 21
…In Southwell v Bennett [2010] NSWSC 1372, Hallen ASJ (as his Honour then was) said at [15]:…
Jones v Ranginui
[2018] NSWDC 493
Para 18
…Mr Sleight referred me to the decision of Hallen AsJ in Southwell v Bennett [2010] NSWSC 1372. In [15] of his reasons the Associate Justice summarised the caselaw concerning the separate trial of questions or issues in nineteen separate paragraphs. The Associate Justice's reasons were gratefully adopted by Beech‑Jon…
Zagoreos and Zagoreos
[2018] FamCA 4
Para 1
…Counsel for the wife referred to a decision of Hallen AsJ of the New South Wales Supreme Court in Southwell v Bennett [2010] NSWSC 1372 , particularly at [15]-[17] where the learned Judge discussed principles applicable to the discretionary exercise involved in deciding an application such as this. I accept that tho…
Reid v Hartcher
[2017] NSWSC 1274
Para 33
…Mr Broadbent relied upon the decision in Southwell v Bennett [2010] NSWSC 1372 and the principles derived from that decision concerning determination of a separate question under r 28.2 of the UCPR. He submitted that this case is not one of those clearest of cases in which the limitation question should be heard sep…
Tapp v Australian Bushmen's Campdraft and Rodeo Association Ltd
[2017] NSWSC 979
Para 21
…99] HCA 9 at [45] and [51]. The Plaintiff also drew attention to the principles set out by Hallen AsJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372 at [15]. The Plaintiff submitted that in circumstances where she would be required to give evidence in both trials it was unsatisfactory for the hear…
Zora v St Vincent's Hospital Sydney Limited
[2016] NSWDC 365
…961) 108 CLR 642 Rogers v Whitaker (1992) 109 CLR 625 South Western Area Health Service v Richie [1998] NSWCA 213 Southwell v Bennett [2010] NSWSC 1372 Steffen v Ruban [1966] 2 NSWR 622 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Waterways Authority v Fitzgibbon (2005) 221 ALR 402 Category: Principal judgment…
Casey v Hart and Hart v Casey
[2016] NSWDC 317
Para 49
…filed 24 October 2016 at [7]; Written Submissions of Defendant in Hart v Casey (2013/197636) filed 27 October 2016 at [6] 24. See Southwell v Bennett [2010] NSWSC 1372 at [15] (Hallen AsJ)…
De Jong v Carnival Plc (No 2)
[2016] NSWSC 1024
Para 3
…g of a separate question under r 28.2 of the Uniform Civil Procedure Rules 2005 (“UCPR”) were distilled by Hallen AsJ, as his Honour then was, in Southwell v Bennett (2010) NSWSC 1372 at [15] to [17]. I also addressed those principles in Crawley v Vero Insurance Ltd (2012) NSWSC 593 at [16] to [20].…
Nichols Constructions Pty Ltd v Elphick
[2015] NSWSC 1732
Para 5
…into the Court of Appeal). There is no reason to think that the scope of the power under r 28.2 is more narrowly confined: cf Southwell v Bennett [2010] NSWSC 1372 at [15](a) per Hallen AsJ (as his Honour then was).…
Porter v Phong Le
[2015] NSWSC 1218
Para 14
…rom the trial of any other part of the proceedings pursuant to UCPR 28.2 were discussed by Hallen AsJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372, at [15]-[18]. I will not repeat that discussion. Further, I added some observations in Crawley v Vero Insurance Ltd [2012] NSWSC 593 at [15]-[20] in…
Mooney v Ms Magdalene Schiffahrtsgesellschaft mbH
[2014] NSWSC 1277
Para 1
…cations of this kind. A very helpful summary of the relevant matters is set out in the judgment of Hallen AsJ, as he then was, in Southwell v Bennett [2010] NSWSC 1372, para [15]. Further matters relevant to these cases were mentioned by Beech-Jones J in Crawley v Vero Insurance [2012] NSWSC 593 at [16]-[20] where,…
Galye Christine McDonald v David Alexander Wills
[2014] NSWSC 1183
Para 1
…I respectfully adopt the useful summary of the applicable principles that are set out by Hallen AsJ (as his Honour then was) in Southwell v Bennett [2010] NSWSC 1372 at [15].…
Harris v Bunker Freight Lines Operations Pty Ltd
[2014] NSWSC 1193
Para 1
…Mr Perla of counsel refers me to the principles summarised by Hallen AsJ, as his Honour then was, in Southwell v Bennett [2010] NSWSC 1372 at [15]. In particular, Mr Perla relies on point (j), made by his Honour, that:…