Test cases: are concurrent parties really bound?

Introduction

Wardle v Agricultural and Rural Finance Pty Ltd; Agricultural and Rural Finance Pty Ltd v Brakatselos [2012] NSWCA 107

Last Thursday, the New South Wales Court of Appeal handed down its decision in Wardle v Agricultural and Rural Finance Pty Ltd (Wardle) which provides useful guidance about the scope and application of undertakings given to a court at first instance by concurrent parties seeking to be bound by findings in test cases. Among other things, the Court considered the extent to which parties will be bound by their undertakings and more importantly, the circumstances in which parties will be free to raise separate issues to those considered in test case decisions.