Cases

Turkot & Global GOLD Holding v Oxus Gold & Trew

Held

(1) The issues were the kind of questions suitable for trial as preliminary issues.

(2) These issues could and should be tried by judge alone pursuant to s.69(4) of the Supreme Court Act 1981. If it was necessary for D to show that the criteria under s.69(1) were satisfied, they were so satisfied.

(3) However, it was premature to order the issues to be tried as preliminary issues in the circumstances of this case. D had not indicated whether it had any substantive defence to the action, and if it did not, it would be pointless to have these issues be tried in advance of the main trial.

Also