Federal Court of Australia
Federal Court of Australia
Martin v Hillier (No 2) [2021] FCA 958 Appeal from: Hillier v Martin (No 4) [2021] FCA 710
File number: SAD 137 of 2021
Judgment of: ANDERSON J
Date of judgment: 12 August 2021
Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal – discovery – whether Xero database constituted a single document – whether Xero database directly relevant to the quantification of equitable compensation – alternatively, if Xero database is a document, whether judge acted unreasonably by disregarding confidentiality of documents – whether error of fact – whether error of law – application for leave to appeal dismissed with costs
Legislation: Federal Court Rules 2011 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hillier v Martin (No. 4) [2021] FCA 710 House v The King (1936) 55 CLR 499
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of hearing: 6 August 2021
Counsel for the Applicant: Mr S Ower SC
Solicitor for the Applicant: Norman Waterhouse
Counsel for the Respondent: Mr R Whitington QC with Mr O'Leary
Solicitor for the Respondent: Sykes Bidstrup
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