The Safe Harbour defendants sought to schedule a motion for partial summary judgment.
The plaintiff opposed, citing the recent Court of Appeal decision in *Malik v. Attia*, which set out three requests for judges considering partial summary judgment motions.
The court applied the "bright line rule" from *Mason v. Perras Mongenais* and *Butera v. Chown, Cairns LLP*, finding that a risk of duplication or inconsistent verdicts existed due to common issues, including the limitation period and the cause of the land re-designation.
The court also considered the cost-effectiveness of proceeding with a partial summary judgment.
The motion to schedule the partial summary judgment was refused.
