NSW Caselaw
New South Wales Court of Appeal
CITATION: M.K. & J.A. Roche Pty. Ltd. & Ors. v. Metro Edgley Pty. Ltd. & Anor. [2005] NSWCA 146
HEARING DATE(S): Matter of costs and remission dealt with on submissions in Chambers
JUDGMENT DATE: 6 May 2005
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Ipp JA at 11
DECISION: The following order made, in addition to those made on 3 March 2005: 7. 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.
CATCHWORDS: PROCEDURE - COSTS - Appeal upheld and case remitted on limited issues - Whether costs of appeal should follow event - Whether order should be made as to which judge is to conduct further hearing.
Amalgamated Television Services Pty. Ltd. v. Marsden (2003) 57 NSWLR 338 Murphy v. Overton Investments Pty. Ltd. [2004] HCA 3, 78 ALJR 324 CASES CITED: Northern NSW FM Pty. Ltd. v. Australian Broadcasting Tribunal (1990) 26 FLR 39 Steedman v. Baulkham Hills Shire Council [No.2] (1993) 31 NSWLR 562
MK & AJ Roche Pty. Limited - 1st appellant Michael Kevin Roche, Christopher John Roche, William Tomothy Roche, Kevin Michael Roche and Gabrielle Mary Roche - 2nd appellants PARTIES: Metro Edgeley Pty. Limited - 1st respondent Multiplex Construction Pty. Limited - 2nd respondent
FILE NUMBER(S): CA 40751/04
Mr. D. Hammerschlag SC with Mr. V.F. Kerr for appellants COUNSEL: Mr. C.R.C. Newlinds SC with Ms. R. Francois for respondents
Lane & Lane, Sydney for appellants SOLICITORS: Clayton Utz, Sydney for respondents
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