SAMTAM LIMITED v GEM PLASTICS PTY LIMITED [1995] NSWCA 412

SAMTAM LIMITED v GEM PLASTICS PTY LIMITED [1995] NSWCA 412

Leave should be granted and the appeal upheld, setting aside the orders of the trial judge, to allow reconsideration of the matter with the benefit of argument as to the relevant authority in Akai Pty Limited v People's Insurance Limited.

Parties
Claimant: SAMTAM LIMITED; Opponent: GEM PLASTICS PTY LIMITED
Jurisdiction
Australia
Judgment Date
17 July 1995
Procedural Posture
Appeal / Leave to Appeal and Disposition of Appeal
Outcome
Leave granted, appeal upheld, orders of Rolfe J set aside, proceedings remitted to Commercial Division, costs in the cause, leave to apply for a certificate under the Suitor's Fund Act 1951.
Legal Topics
Leave to Appeal, Parties' Consent, Exclusive Jurisdiction Clause
Practice and Procedure Leave to Appeal Parties' Consent Exclusive Jurisdiction Clause

Case Brief

Summary, issues, holding and outcome

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Parties

SAMTAM LIMITED

Claimant

GEM PLASTICS PTY LIMITED

Opponent

Procedural Posture

Appeal / Leave to Appeal and Disposition of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted where both parties consent and a relevant authority was not considered by primary judge
  2. 2 Effect of a recently delivered authority (Akai Pty Limited v People's Insurance Limited) not drawn to the attention of the trial judge on the determination of an exclusive jurisdiction clause

Ratio Decidendi

Leave should be granted and the appeal upheld, setting aside the orders of the trial judge, to allow reconsideration of the matter with the benefit of argument as to the relevant authority in Akai Pty Limited v People's Insurance Limited.

Court Disposition

Leave granted, appeal upheld, orders of Rolfe J set aside, proceedings remitted to Commercial Division, costs in the cause, leave to apply for a certificate under the Suitor's Fund Act 1951.

Orders

  • Grant leave to appeal
  • Appeal upheld