Rock (Darren) v Henderson; Rock (Evelyn) v Henderson [2024] NSWCA 289

Rock (Darren) v Henderson; Rock (Evelyn) v Henderson [2024] NSWCA 289

Determination of grounds 1 and 2 as a preliminary issue by way of a separate question would not be efficient or cost-effective, as success on those grounds would not finally resolve the appeals but require a retrial, and all parties recognise that the remaining grounds must also be addressed; therefore, the notices...

Source-derived case information.

Parties
Appellant: Darren Rock; Appellant: Evelyn Stella Rock; Respondent: Kim Kathleen Henderson
Jurisdiction
Australia
Judgment Date
02 December 2024
Procedural Posture
Civil Appeal and Application for Leave to Appeal / Interlocutory Procedural Ruling on Notices of Motion Prior to Substantive Hearing of Appeal
Outcome
Notices of motion for separate determination of grounds 1 and 2 dismissed; costs of the motions to follow disposition of substantive proceedings.
Legal Topics
Appeals, Separate Question Procedure, Delay in Delivery of Reasons, Costs
Civil Procedure Appeals Separate Question Procedure Delay in Delivery of Reasons Costs

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Summary, issues, holding and outcome

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Parties

Darren Rock

Appellant

Evelyn Stella Rock

Appellant

Kim Kathleen Henderson

Respondent

Procedural Posture

Civil Appeal and Application for Leave to Appeal / Interlocutory Procedural Ruling on Notices of Motion Prior to Substantive Hearing of Appeal

Legal Issues

  1. 1 Whether grounds 1 and 2 of the appeal (concerning delay in delivery of judgment reasons) should be determined as a preliminary issue by way of a separate question
  2. 2 Whether such separation would be efficient or cost-effective in the circumstances

Ratio Decidendi

Determination of grounds 1 and 2 as a preliminary issue by way of a separate question would not be efficient or cost-effective, as success on those grounds would not finally resolve the appeals but require a retrial, and all parties recognise that the remaining grounds must also be addressed; therefore, the notices of motion seeking separate determination are dismissed.

Court Disposition

Notices of motion for separate determination of grounds 1 and 2 dismissed; costs of the motions to follow disposition of substantive proceedings.

Orders

  • In matter 2024/223996 (Darren Rock): (1) Dismiss the notices of motion filed on 4 and 21 November 2024. (2) Order that the costs of the motions be costs in the appeal.
  • In matter 2024/223980 (Evelyn Rock): (1) Dismiss the notices of motion filed on 4 and 21 November 2024. (2) Order that the costs of the motions be costs in the leave application.