Independent Audit Services Pty Ltd v Elite Aquatic School Pty Ltd [2024] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Independent Audit Services Pty Ltd v Elite Aquatic School Pty Ltd [2024] NSWSC 279 Hearing dates: 14 March 2024 Decision date: 21 March 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: Application for leave to appeal be dismissed with costs Catchwords: APPEALS — Leave to appeal — Whether leave required — Interlocutory decisions — Principles governing — Application of Section 127(1) of the District Court Act 1973 (NSW) APPEALS — From exercise of discretion — Disregard of relevant considerations — Whether Judicial Registrar of District Court failed to take into account relevant considerations APPEALS — From exercise of discretion — Procedural decisions — Whether several cases with overlapping facts should be heard together Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 House v The King (1936) 55 CLR 499 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Independent Audit Services Pty Ltd (Plaintiff) Elite Aquatic School Pty Ltd (First Defendant) Cosmetique Studio Pty Ltd (Second Defendant) Neerva Pty Limited (Third Defendant) GH Corporation Pty Ltd (Fourth Defendant) Forey Holdings Pty Ltd (Fifth Defendant) Swim HS Pty Ltd (Sixth Defendant) Splash Kids Pty Limited (Seventh Defendant) Emma Kate and Paul Jeffrey Osborne (Eighth Defendants) Ocean Training Pty Ltd (Ninth Defendant) Lofty HTS Pty Ltd (Tenth Defendant) HPMG Pty Ltd (Eleventh Defendant) Geelong Swim Schools Pty Ltd (Twelfth Defendant) High 5 Swim Safety Pty Ltd (Thirteenth Defendant) Representation: Counsel: J Dooley (Plaintiff) GJ Bateman (Defendants)