Parthy v Grow MF Pty Ltd [2023] FCA 1037

Parthy v Grow MF Pty Ltd [2023] FCA 1037

The applicant failed to demonstrate sufficient doubt as to the correctness of the primary Judge's interlocutory orders and did not show that substantial injustice would result if leave to appeal were refused; leave to appeal was refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 August 2023
Procedural Posture
Application for Leave to Appeal / Judgment on Leave Application
Outcome
Leave to appeal refused; costs awarded to respondent.
Legal Topics
['leave to Appeal' 'interlocutory Injunction' 'balance of Convenience' 'breach of Employment Contract' 'breach of Fiduciary Duty']
['practice and Procedure' 'employment Law' 'corporations Law'] ['leave to Appeal' 'interlocutory Injunction' 'balance of Convenience' 'breach of Employment Contract' 'breach of Fiduciary Duty']

Source-derived case record

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

Application for Leave to Appeal / Judgment on Leave Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted regarding interlocutory orders including restoring access to technology accounts and restraining use.' "Whether the applicant's grounds: completion of orders and reliability of evidence, establish sufficient doubt in the primary decision." 'Whether substantial injustice would result if leave were refused.']

Ratio Decidendi

The applicant failed to demonstrate sufficient doubt as to the correctness of the primary Judge's interlocutory orders and did not show that substantial injustice would result if leave to appeal were refused; leave to appeal was refused.

Court Disposition

Leave to appeal refused; costs awarded to respondent.

Orders

  • ['The application for leave to appeal the decision in Grow MF v Parthy [2023] FCA 442 be refused.' 'The applicant pay the costs of the respondent, such costs to be taxed if not otherwise agreed.']