Judicial decision addressing an interlocutory application for summary dismissal in commercial litigation concerning alleged contractual breaches, estoppel, and related corporate disputes following the cessation of employment.
Court:
Supreme Court of the Australian Capital Territory
Citation:
[2022] ACTSC 192
Case Title:
Findex Group Limited v McKay
File Number:
SC 464 of 2019
Decision Date:
27 July 2022
Hearing Dates:
4 February, 24 March, 24 April, 23 September, 28 October 2021
Submissions Last Received:
22 November 2021
Judge:
McWilliam AsJ
Parties:
Findex Group Limited; Findex Services Pty Ltd; Financial Index Australia Pty Limited; Spiro Paule; Danielle Bartholomeusz; Phillip Hart; David McKay
Decision:
Paragraph [110] of the Amended Statement of Claim filed 9 October 2020 struck out; Amended Application filed 22 June 2020 dismissed; directions given regarding submissions on costs
Catchwords:
Practice and procedure; interlocutory application; summary dismissal; estoppel; Anshun estoppel; privity of contract; summary judgment
Legislation Cited:
Australian Securities and Investments Commission Act 2001 (Cth); Competition and Consumer Act 2010 (Cth) Sch 2 ss 232, 236, 237; Corporations Act 2001 (Cth) s 183; Court Procedures Rules 2006 (ACT) rr 425, 1147; Fair Trading (Australian Consumer Law) Act 1992 (ACT)
Cases Cited:
Agar v Hyde [2000] HCA 41; Bahr v Nicolay (No 2) (1988) 164 CLR 604; Baltic Shipping Co v Dillon (1993) 176 CLR 344; Batistatos v Roads and Traffic Authority (NSW) [2006] HCA 27; Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; UBS AG v Tyne (2018) 265 CLR 77; and others
Subject Matter:
Interlocutory application for summary dismissal arising from alleged breaches of employment contract and dissemination of confidential and misleading information
Procedural History:
Proceedings commenced in the Supreme Court of New South Wales on 1 March 2019 and transferred by consent to the Supreme Court of the Australian Capital Territory on 20 June 2019
