Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 Hearing dates: 8 March 2019 Decision date: 29 March 2019 Before: Bathurst CJ and Leeming JA at [1]; Bell P at [26] Decision: 1. Leave to appeal granted. 2. Appeal dismissed with costs. Catchwords: PRIVATE INTERNATIONAL LAW – partial stay of proceedings – related contracts – different jurisdiction and governing law clauses in each contract – possibility of concurrent proceedings – discretionary judgment – relevant considerations

CIVIL PROCEDURE – stay of proceedings – related contracts – exclusive jurisdiction clause in one contract – where partial stay of proceedings generates the possibility of concurrent proceedings – discretionary judgment – competing considerations of enforcement of jurisdiction clause and resolving all aspects of dispute in one forum

CIVIL PROCEDURE – application for leave – discretionary decision – principles in House v The King (1936) 55 CLR 499; [1936] HCA 40 – requirement of identifying correct test and why claimed error was material in cases where applicant claims wrong legal test applied – requirement of concluding discretion has miscarried where reliance placed on inadequate or excessive weight being given to factors – requirement ordinarily of drawing attention of primary judge to particular matter if complaint is made that a finding was not made – consideration of Lovell v Lovell (1950) 81 CLR 513; [1950] HCA 52, Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621; [1953] HCA 25 and Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63