Katke v Brosnan [2014] FCA 1050

Katke v Brosnan [2014] FCA 1050

Leave to appeal was granted as the orders made by the primary judge affected the substantive rights of Health World Limited and were arguably attended by sufficient doubt; however, the applicants did not demonstrate sufficient reasons to expedite the hearing of the appeal.

Parties
Applicant: Jeffrey James Katke; Applicant: Metagenics Australia Pty Ltd ACN 113 937 572; Applicant: Metagenics Inc; Applicant: Jeffrey Bland; Respondent: Michael Brosnan; Respondent: Leon Brosnan; Respondent: Mary Brosnan; Respondent: Alan Gee; Respondent: Alan Bawden Grant; Respondent: Barbara Lee Grant; Respondent: Alan David Grant; Respondent: Michael Curley; Respondent: Graeme Joiner; Respondent: Health World Limited ACN 010 636 165
Jurisdiction
Australia
Judgment Date
25 September 2014
Procedural Posture
Appeal / Application for Leave to Appeal and Orders Regarding Conduct of Appeal
Outcome
Leave to appeal granted; expedition refused; procedural orders for conduct of appeal made.
Legal Topics
Leave to Appeal, Asset Preservation Orders, Interlocutory Injunctions, Orders Against Third Parties
Civil Procedure Equity Leave to Appeal Asset Preservation Orders Interlocutory Injunctions Orders Against Third Parties

Case Brief

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Parties

Jeffrey James Katke

Applicant

Metagenics Australia Pty Ltd ACN 113 937 572

Applicant

Metagenics Inc

Applicant

Jeffrey Bland

Applicant

Michael Brosnan

Respondent

Leon Brosnan

Respondent

Mary Brosnan

Respondent

Alan Gee

Respondent

Alan Bawden Grant

Respondent

Barbara Lee Grant

Respondent

Alan David Grant

Respondent

Michael Curley

Respondent

Graeme Joiner

Respondent

Health World Limited ACN 010 636 165

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Orders Regarding Conduct of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against mandatory interlocutory injunctions made against a third party.
  2. 2 Whether the orders compelling Health World Limited to enter into an employment contract were sufficiently clear and precise.
  3. 3 Whether refusal of leave to appeal would result in substantial injustice.

Ratio Decidendi

Leave to appeal was granted as the orders made by the primary judge affected the substantive rights of Health World Limited and were arguably attended by sufficient doubt; however, the applicants did not demonstrate sufficient reasons to expedite the hearing of the appeal.

Court Disposition

Leave to appeal granted; expedition refused; procedural orders for conduct of appeal made.

Orders

  • The applicants have leave to appeal from the judgment of Greenwood J given on 10 September 2014.
  • The appeal be listed for hearing in the Full Court and Appellate Sittings of the Court in Brisbane in the period 9 February – 6 March 2015 before a Full Court.