NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rock (Darren) v Henderson; Rock (Evelyn) v Henderson [2024] NSWCA 289 Hearing dates: 2 December 2024 Date of orders: 2 December 2024 Decision date: 02 December 2024 Before: Basten AJA Decision: 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): (3) Dismiss the notices of motion filed on 4 and 21 November 2024. (4) Order that the costs of the motions be costs in the leave application. Catchwords: CIVIL PROCEDURE – appeal – application for order for determination of issue by way of a separate question – application by respondent – grounds to be resisted – strength of appellants' case not conceded – likelihood that other grounds will need to be addressed – separation likely to be neither efficient nor cost-effective Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 36.2, 51.1 Cases Cited: Irlam v Byrnes (2022) 108 NSWLR 285; [2022] NSWCA 81 Palmer v Clarke (1989) 19 NSWLR 158 Category: Procedural rulings Parties: 2024/223980 Evelyn Stella Rock (Appellant) Kim Kathleen Henderson (Respondent)
2024/223996 Darren Rock (Appellant) Kim Kathleen Henderson (Respondent) Representation: Counsel: E Chrysostomou (Appellants) M S White SC (Respondent)
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