In Brisbane Cruise Wharf Pty Ltd v Body Corporate for Portside Wharf Principal Community Titles Scheme 36407 [2024] QSC 128, Brisbane Cruise Wharf Pty Ltd (plaintiff) sought orders under r 483 of the UCPR for separate determination of questions regarding liability and obligations to pay costs associated with maintaining a wharf adjacent to the Portside Wharf Complex. The Court, presided over by Kelly J, reviewed submissions and principles related to the separation of questions in legal proceedings and the relevant sections of the Land Title Act 1994 (Qld). The defendants' application for separate determination was dismissed due to the anticipated involvement of significant factual issues requiring lay and expert evidence, and the lack of clarity of the issues that would arise. The Court determined that the separate trial would not provide a clear economy or efficiency advantage and might still leave unresolved the substantive liability issues, contributing to delay and increasing costs. The Court reserved the decision on costs and further directions pending further submissions from the parties.
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