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NSW Court of Appeal provides guidance on applications for the determination of separate questions

On 21 November 2019, the NSW Court of Appeal re-exercised the Court’s discretion to determine the limitation defence as a separate question in a dispute between a lender and a valuation firm. The decision, in which Wotton + Kearney successfully acted for the valuation firm, provides guidance on when a separate question determination is appropriate.

In this update, Wotton + Kearney’s Adam Chylek and Stephen Morrissey explain why this is an important decision for insurers, particularly regarding limitation defences that have the potential to bring an early end to proceedings and avoid significant defence costs and damages awards.

Click below to read our full Case Alert.

© Wotton + Kearney 2019
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.