Murray Darling Basin Authority v Doyle’s Farm Produce Pty Ltd [2021] NSWCA 191 (27 August 2021) (Bathurst CJ; Bell P; Leeming JA)


Catchwords:


PROCEDURE – interlocutory appeal from decision striking out paragraphs of defence – decision based on whether defendant was a “public or other authority” for purpose of Part 5 of Civil Liability Act 2002 (NSW) – appropriateness of determining question on strike out application or by way of separate question – directions made for formulation and determination of separate question