Following the delivery of reasons, the Court of Appeal directed submissions be made by the parties as to the appropriate form of orders. The Court accepted that the appropriate orders to be made were those urged on behalf of New Acland. In effect, the Court of Appeal determined that in circumstances where there had been no application to stay the operation of the orders made by the Supreme Court with the consequence of certain matters occurring, the matter ought not be remitted back to the Land Court for a rehearing.
Damian Clothier QC and Nicholas Andreatidis QC (with DG Gore QC) appeared for the first respondent/cross-appellant, instructed by Clayton Utz.
The judgment is available here.