Can a judge refuse to order an issue to be tried?

[32] The case of Baxter v. France [1895] 1 Q.B. 591; 64 LJ.Q. B. 337 at p. 339, seems to be authority for the proposition that on the application to a Judge for directions, the Judge, if he saw fit, might refuse to order the question to be tried, on the ground that the action might not finally dispose of all questions between the third and fourth parties. For instance, there might be a liability for breach of contract as well as a liability for the authorization to trespass. The liability for breach of contract would not be one for indemnity, and, consequently, could not be tried under a third party notice. The liability for the authorization to trespass could be tried under the third party notice. After the trial of this action there might, therefore, be the question of liability for breach of contract to be determined, and the Judge, therefore, on the application for directions, might very properly refuse to direct an issue to be tried, and from such an order I apprehend that an appeal would not be successful. Baxter v. France, supra.