Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, KEANE, GORDON AND EDELMAN JJ

CLONE PTY LTD APPELLANT

AND

PLAYERS PTY LTD (IN LIQUIDATION) (RECEIVERS & MANAGERS APPOINTED) & ORS RESPONDENTS

Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12 21 March 2018 A22/2017 & A23/2017

ORDER

Matter No A22/2017

1. Appeal allowed.

2. Set aside orders 3, 4 and 5 of the Full Court of the Supreme Court of South Australia dated 8 December 2016 and, in their place, order that:

(a) the appeal to the Full Court of the Supreme Court of South Australia be allowed;

(b) the orders of the Supreme Court of South Australia (Hargrave AJ) dated 9 November 2015 in proceeding SCCIV‑04-319 be set aside and, in their place, order that:

(i) the application be refused; and

(ii) the first, seventh, eighth and tenth defendants pay the plaintiff's costs; and

(c) the first to fourth respondents pay the appellant's costs.

3. The first to fourth respondents pay the appellant's costs of the appeal to this Court.

Matter No A23/2017

1. Appeal allowed.

2. Set aside orders 3, 4 and 5 of the Full Court of the Supreme Court of South Australia dated 8 December 2016 and, in their place, order that:

(a) the appeal to the Full Court of the Supreme Court of South Australia be allowed;

(b) the orders of the Supreme Court of South Australia (Hargrave AJ) dated 9 November 2015 in proceeding SCCIV‑10-819 be set aside and, in their place, order that:

(i) the action be dismissed; and

(ii) the plaintiffs pay the defendant's costs; and

(c) the first to fourth respondents pay the appellant's costs.

3. The first to fourth respondents pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of South Australia

Representation

B C Roberts SC with R Bonig for the appellant (instructed by Finlaysons Lawyers)