Rock (Darren) v Henderson; Rock (Evelyn) v Henderson

The appeal concerned applications made by the respondents, Darren Rock and Evelyn Rock, for orders to determine a specific issue by way of a separate question. The applications were heard by Basten AJA.

The primary legal issue before the court was whether it was appropriate to grant the respondents' applications for a separate determination of an issue. This involved considering whether such a separation would be efficient and cost-effective, particularly in light of the appellants' intention to resist the grounds of appeal and the likelihood that other grounds would require consideration.

Basten AJA reasoned that the strength of the appellants' case had not been conceded, and it was probable that other grounds of appeal would need to be addressed. Consequently, the court concluded that separating the determination of a single issue would neither be efficient nor cost-effective. The court therefore dismissed the notices of motion filed by the respondents. The costs of these motions were ordered to be costs in the respective appeal and leave application.