1 total
Motion to adjourn damages trial pending liability appeal dismissed to avoid non-consensual bifurcation and multiple appeals.
The respondents in the underlying application (BNY) brought a motion to adjourn a damages trial until after the disposition of their pending appeal on liability, to adduce further evidence, and to settle the form of judgment on liability.
The court had previously found BNY liable for breach of contract and ordered a viva voce trial on damages due to the complexity of the record.
The court dismissed the motion, finding that an adjournment would effectively impose a bifurcation not agreed to by the parties, contrary to Rule 6.1.01, and that the balance of convenience favoured proceeding with the damages trial to allow a single appeal on both liability and damages.
The court also declined to allow new evidence or settle the form of judgment at this stage.
