Personnel Concepts WA Pty Ltd v Adam [2018] NSWSC 1616

Personnel Concepts WA Pty Ltd v Adam [2018] NSWSC 1616

Questions raised by the summons are mixed law and fact; therefore, leave to appeal is required. Interests of justice require the recruiters be permitted to amend the summons to seek extension of time and leave to appeal, and the matters should be determined together at a final hearing.

Parties
First Plaintiff: Personnel Concepts WA Pty Ltd; Second Plaintiff: Personnel Concept Group Pty Limited; Defendant: John Burnett Adam; Defendant: James Herbert Marsden; Defendant: Adam Joseph Seton; Defendant: David Robert Baird; Defendant: Thomas Charles Reeve; Defendant: Giuseppe Bonura; Defendant: Peter Joseph Crittenden; Defendant: Grant Patrick Butterfield; Defendant: Nevine Youssef; Defendant: Justin Robert Thornton t/as Marsdens Law Group
Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Appeal From Local Court Decision / Interlocutory Application Prior to Final Hearing
Outcome
Interlocutory orders allowing amendment and directions for final hearing; application for summary dismissal not granted
Legal Topics
Leave to Appeal, Extension of Time, Mixed Questions of Fact and Law, Amendment of Summons
Civil Procedure Leave to Appeal Extension of Time Mixed Questions of Fact and Law Amendment of Summons

Case Brief

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Parties

Personnel Concepts WA Pty Ltd

First Plaintiff

Personnel Concept Group Pty Limited

Second Plaintiff

John Burnett Adam

Defendant

James Herbert Marsden

Defendant

Adam Joseph Seton

Defendant

David Robert Baird

Defendant

Thomas Charles Reeve

Defendant

Giuseppe Bonura

Defendant

Peter Joseph Crittenden

Defendant

Grant Patrick Butterfield

Defendant

Nevine Youssef

Defendant

Justin Robert Thornton t/as Marsdens Law Group

Defendant

Procedural Posture

Appeal From Local Court Decision / Interlocutory Application Prior to Final Hearing

Legal Issues

  1. 1 Whether leave to appeal is required as questions raised are of mixed fact and law
  2. 2 Whether application for extension of time and leave to appeal ought be permitted by amendment of summons
  3. 3 Whether matter should be dismissed as incompetent or hopeless

Ratio Decidendi

Questions raised by the summons are mixed law and fact; therefore, leave to appeal is required. Interests of justice require the recruiters be permitted to amend the summons to seek extension of time and leave to appeal, and the matters should be determined together at a final hearing.

Court Disposition

Interlocutory orders allowing amendment and directions for final hearing; application for summary dismissal not granted

Orders

  • Leave granted to plaintiffs to file amended summons including application for extension of time and for leave to appeal
  • Plaintiffs to file and serve amended summons by 31 October 2018