AUSTRALIAN HARDBOARDS LIMITED v HUDSON INVESTMENT GROUP LIMITED [2007] NSWCA 104

Reported Decision: 70 NSWLR 201

New South Wales Court of Appeal

CITATION: AUSTRALIAN HARDBOARDS LIMITED v HUDSON INVESTMENT GROUP LIMITED [2007] NSWCA 104

HEARING DATE(S): 26 March 2007

JUDGMENT DATE: 4 May 2007

JUDGMENT OF: Tobias JA at 1; Campbell JA at 2; Young CJ in Eq at 90

DECISION: [By majority]; (1) Leave to appeal granted.; (2) Direct Notice of Appeal to be filed within 14 days.; (3) Appeal dismissed.; (4) Claimant to pay Opponent's costs of this application

CATCHWORDS: COURTS AND JUDGES – Supreme Court of New South Wales – multiplicity of proceedings – abuse of process – where order in Commercial List proceedings ordered specific performance of a contract and reserved liberty to apply and further consideration – where later dispute arose concerning same transaction – where opponent sought resolution of later dispute in original Commercial List proceedings under reservations of liberty to apply and further consideration and claimant commenced new proceedings in Equity Division to resolve later dispute – where claimant sought stay of Commercial List proceedings and opponent sought stay of Equity Division proceedings – where Equity Division judge ordered stay of Equity Division proceedings – whether matters claimant sought to raise in Equity Division proceedings could be raised in original Commercial List proceedings under reservations of liberty to apply and further consideration – whether stay of Equity Division proceedings inhibited claimant from presenting case – whether Commercial List judge correct in ordering stay of Equity Division proceedings - PROCEDURE – liberty to apply – scope of orders that can be sought under liberty to apply – order for specific performance – "working out the order" - PROCEDURE – further consideration – scope of further consideration – where trial judge reserved for further consideration by associate judge - COURTS AND JUDGES – appeals – leave to appeal – events occurring after judgment below – whether subsequent events relevant to question of whether to grant leave to appeal – whether subsequent events relevant to question of whether trial judge made appellable error – whether subsequent events relevant when appeal court exercises its own discretion