Borcan International Pty Ltd v Marker

Borcan International Pty Ltd, a company in the business of manufacturing and selling sporting goods, was engaged in a dispute with Marker, a supplier, over a debt of approximately $13,000. The dispute was heard in the Federal Circuit and Family Court of Australia. Borcan sought to file a counterclaim in relation to an alleged debt owed by Marker. However, the Court did not allow Borcan to file this counterclaim, and Borcan now seeks leave to appeal that decision.

The court considered several issues, including whether the Member of the Court provided conflicting information to Borcan, which led to the failure to file the counterclaim. The court also examined whether the Member discriminated against Borcan due to the nationality of the representative of Borcan's legal team. The court also had to determine whether Borcan was prejudiced by the failure to file the counterclaim, and if leave to appeal should be granted.

The court found that the Member did not provide conflicting information to Borcan, and that there was no discrimination on the basis of nationality. The court held that Borcan had not demonstrated that it was prejudiced by the failure to file the counterclaim, and that the decision not to allow the counterclaim was not an error. The court held that Borcan had not made out a case for leave to appeal, and therefore dismissed the application. The court found that the decision of the primary judge was not an error of law or fact, and that the appeal did not raise a question of law of general public importance.