Jaken Properties Australia Pty Ltd v Naaman (No 2)

In Jaken Properties Australia Pty Ltd v Naaman (No 2), the Court of Appeal of New South Wales considered the appropriate orders to be made following an interlocutory appeal. The dispute involved questions posed by a judge, with one party seeking special leave to appeal and the other seeking interlocutory relief. The court had to determine whether to make any orders at all, whether the interlocutory relief sought should be pursued in the Equity Division, and which of the numerous questions posed by the judge required an answer.

The court determined that while some questions posed by the judge required answers, not all of them did. The court also considered that certain interlocutory relief should be sought in the Equity Division. The reasoning applied involved assessing the necessity and appropriateness of answering each question in light of the overall proceedings and the parties involved. The court applied principles of procedural efficiency and the proper allocation of judicial business.

The court made several orders, including setting aside certain answers to questions previously given and providing substituted answers. It dismissed a notice of motion filed by one party with costs. The court also directed the parties to prepare a consolidated document of questions and answers, or to file their own versions with submissions, within seven days. Finally, the proceedings were remitted to the Equity Division for the determination of all remaining issues.