HNOE Limited v Angus & Julia Stone Pty Ltd [2024] NSWCA 271

HNOE Limited v Angus & Julia Stone Pty Ltd [2024] NSWCA 271

No private cause of action for breach of statutory duty arises under s 11 of the Entertainment Industry Act 2013 (NSW); such claims are untenable and may be summarily dismissed. Restitutionary claims against HNOE Limited fall within the broad scope of the English exclusive jurisdiction clause and New South Wales is an inappropriate forum even for closely related claims against non-parties. Therefore, all proceedings are to be stayed in favour of litigation in England, and the plaintiffs must pay the applicants' costs.

Parties
First Applicant: HNOE Limited; Second Applicant: Manton Music Management Pty Ltd; Third Applicant: Timothy Manton; First Respondent: Angus & Julia Stone Pty Ltd; Second Respondent: Angus John Stone; Third Respondent: Julia Natasha Stone; Fourth Respondent: A&J Touring Pty Ltd; Fifth Respondent: Angus Stone Pty Ltd; Sixth Respondent: Julia Stone Pty Ltd
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Leave to Appeal/application for Stay and Summary Dismissal / Court of Appeal – Decision on Appeal Against Refusal of Summary Dismissal and Stay
Outcome
Appeal allowed. Leave to appeal granted. Orders of the primary judge set aside. Proceedings stayed. Plaintiffs to pay costs of the notice of motion.
Legal Topics
Summary Dismissal, Exclusive Jurisdiction Clauses, Breach of Statutory Duty, Restitution, Stay of Proceedings
Civil Procedure Private International Law Torts Summary Dismissal Exclusive Jurisdiction Clauses Breach of Statutory Duty Restitution Stay of Proceedings

Case Brief

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Parties

HNOE Limited

First Applicant

Manton Music Management Pty Ltd

Second Applicant

Timothy Manton

Third Applicant

Angus & Julia Stone Pty Ltd

First Respondent

Angus John Stone

Second Respondent

Julia Natasha Stone

Third Respondent

A&J Touring Pty Ltd

Fourth Respondent

Angus Stone Pty Ltd

Fifth Respondent

Julia Stone Pty Ltd

Sixth Respondent

Procedural Posture

Leave to Appeal/application for Stay and Summary Dismissal / Court of Appeal – Decision on Appeal Against Refusal of Summary Dismissal and Stay

Legal Issues

  1. 1 Whether the claims for breach of statutory duty under Entertainment Industry Act 2013 (NSW) should have been summarily dismissed
  2. 2 Whether the exclusive jurisdiction clause required a stay of proceedings in favour of England
  3. 3 Whether restitutionary claims against non-parties defeat the operation of an exclusive jurisdiction clause

Ratio Decidendi

No private cause of action for breach of statutory duty arises under s 11 of the Entertainment Industry Act 2013 (NSW); such claims are untenable and may be summarily dismissed. Restitutionary claims against HNOE Limited fall within the broad scope of the English exclusive jurisdiction clause and New South Wales is an inappropriate forum even for closely related claims against non-parties. Therefore, all proceedings are to be stayed in favour of litigation in England, and the plaintiffs must pay the applicants' costs.

Court Disposition

Appeal allowed. Leave to appeal granted. Orders of the primary judge set aside. Proceedings stayed. Plaintiffs to pay costs of the notice of motion.

Orders

  • Leave to appeal granted.
  • Appeal allowed with costs.