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.
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