LAMINEX AUSTRALIA PTY LTD v COE MANUFACTURING CO and ORS [1998] NSWCA 126

LAMINEX AUSTRALIA PTY LTD v COE MANUFACTURING CO SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY and MEAGHER JJA 2 March 1998, 3 April 1998

[1998] NSWCA 126 APPLICATION FOR LEAVE TO APPEAL

Priestley and Meagher JJA This is an application for leave to appeal against orders by James J: (1) setting aside service of an amended statement of claim upon three of the four opponents in the United States insofar as it contained para23-para30 and para38-para45, and (2) staying proceedings on the rest of the amended statement of claim conditionally upon the first opponent in any fresh proceedings brought by the claimant in the United States not seeking to rely upon a specified contractual condition.

The application for leave to appeal came on for hearing in circumstances where the court had not had the opportunity of reading beforehand the long and detailed judgment of James J. After reading the written submissions of the parties and hearing counsel orally, the court reserved its decision in order to be able to study James J's reasons with due care.

From the point of view of the parties on both sides the orders of James J are important and, for practical purposes, akin to final orders. Several of the questions of law decided by James J and material to his orders seem to the court to be of sufficient importance and arguability to warrant the granting of leave to appeal and the court makes orders accordingly.

Leave to appeal is granted; costs of the application for leave are to be costs in the appeal.

Counsel for the appellant: A Robertson SC/S R Donaldson Solicitors for the appellant: Minter Ellison Counsel for the respondent: A S Bell

Solicitors for the respondent: No appearance noted on file