Surfing Hardware International Holdings Pty Limited and Ors v William McCausland and Anor (No 6) [2007] NSWIRComm 285

Surfing Hardware International Holdings Pty Limited and Ors v William McCausland and Anor (No 6) [2007] NSWIRComm 285

The Full Bench lacks the power or discretion to re-open perfected appeal orders to admit further evidence or make additional substantive orders, except as allowed for the correction of error or slip; subsequent events do not justify reopening or amending final orders. Regarding costs, the circumstances and procedural rules allow for costs of the appeal to be ordered forthwith, given the discrete nature and final determination of the application.

Jurisdiction
Australia
Judgment Date
27 November 2007
Procedural Posture
Appeal / Post Judgment Applications Regarding Costs and Finality
Outcome
Respondents' second amended motion dismissed; appellants awarded costs as specified.
Legal Topics
['costs' 'jurisdiction of Industrial Court' 'power to Re Open Appeal' 'confidentiality Undertakings' 'finality of Judgments']
['employment Law' 'civil Procedure'] ['costs' 'jurisdiction of Industrial Court' 'power to Re Open Appeal' 'confidentiality Undertakings' 'finality of Judgments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment Applications Regarding Costs and Finality

Legal Issues

  1. 1 ['Whether the Full Bench has power to re-open appeal proceedings after entry of orders' 'Whether further material should be admitted with respect to costs' 'Implications for costs orders of events after the substantive appeal' 'Whether costs should be payable forthwith']

Ratio Decidendi

The Full Bench lacks the power or discretion to re-open perfected appeal orders to admit further evidence or make additional substantive orders, except as allowed for the correction of error or slip; subsequent events do not justify reopening or amending final orders. Regarding costs, the circumstances and procedural rules allow for costs of the appeal to be ordered forthwith, given the discrete nature and final determination of the application.

Court Disposition

Respondents' second amended motion dismissed; appellants awarded costs as specified.

Orders

  • ["The respondents' second amended motion is dismissed." "The respondents shall, forthwith, pay the appellants' costs of the appeal, as agreed or assessed." "The respondents shall pay the appellants' costs of the notice of motion heard by Marks J on 14 July 2006, as agreed or assessed." "The respondents shall pay the...