Direct Home Loan Corporation Pty Limited v Wiltshire (No 2) [2004] NSWIRComm 217

Direct Home Loan Corporation Pty Limited v Wiltshire (No 2) [2004] NSWIRComm 217

Leave to appeal was refused because the appeal did not raise jurisdictional or public interest issues and was a matter of practice and procedure; there was no relevant error by the primary judge; the summonses were not speculative or irrelevant and did not amount to a fishing exercise.

Parties
First Appellant: Direct Home Loan Corporation Pty Limited; Second Appellant: Brian Coppin; Third Appellant: Mark Hosking; Respondent: John Wiltshire
Jurisdiction
Australia
Judgment Date
26 July 2004
Procedural Posture
Appeal / Application for Leave to Appeal From Interlocutory Judgment
Outcome
Leave to appeal refused; appeal dismissed; costs awarded to respondent on indemnity basis from 22 July 2004
Legal Topics
Unfair Contract, Interlocutory Appeals, Summons to Produce Documents, Practice and Procedure, Costs
Industrial Relations Unfair Contract Interlocutory Appeals Summons to Produce Documents Practice and Procedure Costs

Case Brief

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Parties

Direct Home Loan Corporation Pty Limited

First Appellant

Brian Coppin

Second Appellant

Mark Hosking

Third Appellant

John Wiltshire

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted from an interlocutory judgment refusing to set aside two summonses to produce documents on the ground that it was a 'fishing' exercise
  2. 2 Whether the interlocutory orders were properly made in the exercise of discretion

Ratio Decidendi

Leave to appeal was refused because the appeal did not raise jurisdictional or public interest issues and was a matter of practice and procedure; there was no relevant error by the primary judge; the summonses were not speculative or irrelevant and did not amount to a fishing exercise.

Court Disposition

Leave to appeal refused; appeal dismissed; costs awarded to respondent on indemnity basis from 22 July 2004

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.