NSW Caselaw
New South Wales Court of Appeal
CITATION: Rojo Building Pty. Limited v. Jillcris Pty. Limited [2007] NSWCA 68 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23 March 2007 JUDGMENT OF: Mason P at 24; Hodgson JA at 1; Ipp JA at 25
EX TEMPORE JUDGMENT DATE: 23 March 2007
DECISION: 1. The time for appeal from McDougall J's judgment be extended to today. 2. The amendment proposed in the document handed to the court today to the notice of appeal be allowed. 3. The appeal from Einstein J be dismissed. 4. The appeal from McDougall J be allowed. 5. Rojo to pay the costs of the appeal. 6. The costs before McDougall J to be costs in the proceedings. 7. The matter remitted to the Equity Division for hearing.
CATCHWORDS: PROCEDURE - Interlocutory decisions - Whether such as to give rise to estoppels - No order for determination of separate question - No order showing that separate question had been finally determined.
CASES CITED: Gerlach v Clifton Bricks Pty Limited [2002] HCA 22, (2002) 209 CLR 478 Landsal Pty Limited v REI Building Society (1993) 41 FCR 421
PARTIES: Rojo Building Pty. Limited - appellant Jillcris Pty. Limited - respondent
FILE NUMBER(S): CA 40468/06
COUNSEL: Mr. J.S. Drummond for appellant Mr. M. Southwick for respondent
SOLICITORS: Hewitts Commercial Lawyers for appellant Surry Partners Lawyers for respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC55002/06
LOWER COURT JUDICIAL OFFICER: Einstein J
LOWER COURT DATE OF DECISION: 19 April 2006
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