Best and Less Pty Limited v Divergent Technologies Pty Limited

Best and Less Pty Limited sought judicial review of a decision made by Divergent Technologies Pty Limited, with the dispute ultimately being heard by the Full Court. The original decision was made by the Primary Judge, who found in favour of Divergent Technologies, leading to Best and Less appealing the decision. The appeal was heard by the Full Court, which was tasked with reviewing the decision of the Primary Judge and determining whether it should be upheld, set aside, or varied.

The key legal issues before the court were whether the Primary Judge correctly interpreted the applicable law and applied it to the facts of the case. The court was required to determine whether the decision of Divergent Technologies was lawful, reasonable, and based on the correct application of the law. Additionally, the court had to consider whether there were any errors in the Primary Judge's approach to the case, and whether these errors had any impact on the outcome of the case.

The Full Court found that the Primary Judge had erred in his approach to the case, and that this error had impacted the outcome of the case. The court held that the decision of Divergent Technologies was not based on a correct application of the law, and that the Primary Judge's decision should be set aside. The court further held that the appeal should be stood over until a later date to allow the parties to prepare draft orders giving effect to the reasons for judgment, and to provide written submissions as to the text of the final orders to be made. The court granted liberty for any party to the appeal proceedings to apply to the Full Court for further orders if necessary.