Gulf Conveyor Systems Pty Limited v Gulf Integrated Solutions Pty Limited [2020] FCA 1534

Gulf Conveyor Systems Pty Limited v Gulf Integrated Solutions Pty Limited [2020] FCA 1534

Leave to appeal was refused because the applicant did not establish that the orders were attended with sufficient doubt to warrant reconsideration by a Full Court, nor that substantial injustice would result from refusal. The criticisms of the referee and primary judge did not reveal error or procedural unfairness justifying intervention.

Parties
Applicant: Gulf Conveyor Systems Pty Limited; First Respondent: Gulf Integrated Solutions Pty Limited; Second Respondent: Mark Anthony Azzopardi; Third Respondent: Jason Lenko Antunovich; Fourth Respondent: Oil and Gas Solutions Pty Ltd ACN 143 501 464; Fifth Respondent: Anthony Luke Connor
Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Application for Leave to Appeal / Interlocutory; Application for Leave to Appeal Against Orders Adopting Referee Report
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Referee Reports, Leave to Appeal, Security for Costs, Adoption of Referee Report, Procedural Fairness
Practice and Procedure Commercial Law Referee Reports Leave to Appeal Security for Costs Adoption of Referee Report Procedural Fairness

Case Brief

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Parties

Gulf Conveyor Systems Pty Limited

Applicant

Gulf Integrated Solutions Pty Limited

First Respondent

Mark Anthony Azzopardi

Second Respondent

Jason Lenko Antunovich

Third Respondent

Oil and Gas Solutions Pty Ltd ACN 143 501 464

Fourth Respondent

Anthony Luke Connor

Fifth Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory; Application for Leave to Appeal Against Orders Adopting Referee Report

Legal Issues

  1. 1 Whether leave to appeal against orders adopting referee report should be granted
  2. 2 Whether the referee and primary judge properly considered the material before them
  3. 3 Whether denial of procedural fairness or error in adoption of the report

Ratio Decidendi

Leave to appeal was refused because the applicant did not establish that the orders were attended with sufficient doubt to warrant reconsideration by a Full Court, nor that substantial injustice would result from refusal. The criticisms of the referee and primary judge did not reveal error or procedural unfairness justifying intervention.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • The amended application for leave to appeal be dismissed.
  • The applicant pay the respondents' costs.