M.K. & J.A. Roche Pty. Ltd. & Ors. v. Metro Edgley Pty. Ltd. & Anor. [2005] NSWCA 146

M.K. & J.A. Roche Pty. Ltd. & Ors. v. Metro Edgley Pty. Ltd. & Anor. [2005] NSWCA 146

The matters raised by the appellants do not justify an order for a different judge; for reasons of efficiency and to minimise inconsistencies, the matter should be remitted to Einstein J, unless a Division judge orders otherwise. The costs of the additional submissions are to be treated as part of the appeal costs.

Parties
1st Appellant: MK & JA Roche Pty. Limited; 2nd Appellants: Michael Kevin Roche, Christopher John Roche, William Tomothy Roche, Kevin Michael Roche and Gabrielle Mary Roche; 1st Respondent: Metro Edgley Pty. Limited; 2nd Respondent: Multiplex Construction Pty. Limited
Jurisdiction
Australia
Judgment Date
06 May 2005
Procedural Posture
Appeal / Post Judgment, Orders on Costs and Remission
Outcome
Order made that further hearing in the Equity Division is to be before Einstein J unless ordered otherwise; costs of additional submissions are part of the costs of the appeal.
Legal Topics
Costs, Remittal of Case, Assignment of Judge
Procedure Costs Remittal of Case Assignment of Judge

Case Brief

Summary, issues, holding and outcome

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Parties

MK & JA Roche Pty. Limited

1st Appellant

Michael Kevin Roche, Christopher John Roche, William Tomothy Roche, Kevin Michael Roche and Gabrielle Mary Roche

2nd Appellants

Metro Edgley Pty. Limited

1st Respondent

Multiplex Construction Pty. Limited

2nd Respondent

Procedural Posture

Appeal / Post Judgment, Orders on Costs and Remission

Legal Issues

  1. 1 Whether costs of the appeal should follow the event or be costs in the cause
  2. 2 Whether the matter should be remitted to the original judge (Einstein J) or allocated to a different judge

Ratio Decidendi

The matters raised by the appellants do not justify an order for a different judge; for reasons of efficiency and to minimise inconsistencies, the matter should be remitted to Einstein J, unless a Division judge orders otherwise. The costs of the additional submissions are to be treated as part of the appeal costs.

Court Disposition

Order made that further hearing in the Equity Division is to be before Einstein J unless ordered otherwise; costs of additional submissions are part of the costs of the appeal.

Orders

  • The further hearing in the Equity Division is to be before Einstein J unless some order to the contrary is made by a judge of that Division.
  • The costs of the additional submissions are to be treated as part of the costs of the appeal.