Surfing Hardware International Holdings Pty Limited and Ors v William McCausland and Anor (No 5) [2007] NSWIRComm 167

Surfing Hardware International Holdings Pty Limited and Ors v William McCausland and Anor (No 5) [2007] NSWIRComm 167

Because the appellants had at least an arguable case that the Court lacked jurisdiction to re-open the appeal in the manner proposed, and because determining that issue first was most likely to facilitate the just, quick and cheap resolution of the interlocutory dispute while avoiding unnecessary evidence and possible erosion of confidentiality undertakings, the existing program for the respondents' motion was vacated and directions were made for the appellants' jurisdictional motion to be heard first.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Application for Leave to Appeal and Appeal; Interlocutory Applications Concerning a Respondents' Motion to Re Open Appeal Proceedings and an Appellants' Motion to Strike Out on Jurisdictional Grounds / Interlocutory Judgment of the Full Bench
Outcome
The existing hearing program for the respondents' amended motion was vacated in part, the appellants' notice of motion was set down for hearing on 31 July 2007, the respondents' amended notice of motion and related summons and undertaking issues were stood over, and the appellants were ordered to pay the...
Legal Topics
['interlocutory Applications' 're Opening Appeal Proceedings' 'strike Out Application' 'jurisdictional Challenge' 'confidentiality Undertakings' 'summons to Produce' 'costs']
['industrial Law' 'civil Procedure' 'appellate Procedure'] ['interlocutory Applications' 're Opening Appeal Proceedings' 'strike Out Application' 'jurisdictional Challenge' 'confidentiality Undertakings' 'summons to Produce' 'costs']

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Procedural Posture

Application for Leave to Appeal and Appeal; Interlocutory Applications Concerning a Respondents' Motion to Re Open Appeal Proceedings and an Appellants' Motion to Strike Out on Jurisdictional Grounds / Interlocutory Judgment of the Full Bench

Legal Issues

  1. 1 ["Whether the appellants' jurisdictional challenge to the respondents' amended motion to re-open the appeal should be heard as a threshold matter before the application to re-open is considered." "Whether the existing program for the hearing of the respondents' amended notice of motion should be vacated in favour of directions for hearing the appellants' notice of motion." "Whether the respondents should be permitted to pursue the summons to produce for the purposes of the hearing of the appellants' jurisdictional motion." "Whether issues concerning release from confidentiality undertakings should be determined before the appellants' notice of motion is determined."]

Ratio Decidendi

Because the appellants had at least an arguable case that the Court lacked jurisdiction to re-open the appeal in the manner proposed, and because determining that issue first was most likely to facilitate the just, quick and cheap resolution of the interlocutory dispute while avoiding unnecessary evidence and possible erosion of confidentiality undertakings, the existing program for the respondents' motion was vacated and directions were made for the appellants' jurisdictional motion to be heard first.

Court Disposition

The existing hearing program for the respondents' amended motion was vacated in part, the appellants' notice of motion was set down for hearing on 31 July 2007, the respondents' amended notice of motion and related summons and undertaking issues were stood over, and the appellants were ordered to pay the...

Orders

  • ['Order 3, 4 and 5 of the orders made by the Full Bench on 8 June 2007 are vacated.' 'The appellants shall file and serve an outline of submissions in support of their notice of motion by 9 July 2007.' "The respondents shall file and serve an outline of submissions in reply to the appellants' notice of motion by 16...