HOOKER CORPORATION LTD v DARLING HARBOUR AUTHORITY HARRAH'S v DARLING HARBOUR AUTHORITY DARLING HARBOUR AUTHORITY v HOOKER CORPORATION LTD (No 2) [1988] NSWCA 68

HOOKER CORPORATION LTD v DARLING HARBOUR AUTHORITY HARRAH'S v DARLING HARBOUR AUTHORITY DARLING HARBOUR AUTHORITY v HOOKER CORPORATION LTD (No 2) [1988] NSWCA 68

The Court of Appeal should continue and complete the hearing of the part-heard appeal, making all necessary findings, as there is no sufficient reason based on convenience or expediency to remit the matter to the trial judge, and the statutory framework contemplates the Court determining the issues unless impracticable.

Parties
Appellant: Hooker Corporation Ltd; Appellant: Harrah's; Respondent: Darling Harbour Authority
Jurisdiction
Australia
Judgment Date
17 November 1988
Procedural Posture
Appeal / Interlocutory Procedural Order During Appeal Hearing
Outcome
Appeal to continue before the Court of Appeal; procedural order made.
Legal Topics
Appeal Procedure, Re Hearing, Statement of Reasons, Court Reconstitution, Procedure on Part Heard Appeal
Practice and Procedure Appeal Procedure Re Hearing Statement of Reasons Court Reconstitution Procedure on Part Heard Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Hooker Corporation Ltd

Appellant

Harrah's

Appellant

Darling Harbour Authority

Respondent

Procedural Posture

Appeal / Interlocutory Procedural Order During Appeal Hearing

Legal Issues

  1. 1 Whether the Court of Appeal should continue the part-heard appeal or refer matters back to the trial judge for factual determination
  2. 2 Whether reasons for the procedural order are required
  3. 3 Whether the Court can be re-constituted after part of an appeal has been heard

Ratio Decidendi

The Court of Appeal should continue and complete the hearing of the part-heard appeal, making all necessary findings, as there is no sufficient reason based on convenience or expediency to remit the matter to the trial judge, and the statutory framework contemplates the Court determining the issues unless impracticable.

Court Disposition

Appeal to continue before the Court of Appeal; procedural order made.

Orders

  • Hearing stood over for further directions by Mahoney JA.
  • Costs of three appearances to be costs in the appeal.