Decon Australia Pty Ltd v TFM Epping Land Pty Ltd

Decon Australia Pty Ltd sought to appeal against a decision of Stevenson J in the Federal Court of Australia, who refused to terminate the Deeds of Company Arrangement (DOCA) entered into by TFM Epping Land Pty Ltd and KRI Epping Land Pty Ltd. Decon argued that the primary judge erred in making a series of evaluative determinations regarding various provisions of the Corporations Act 2001 (Cth). The legal issues before the court were whether the primary judge's evaluative determinations constituted a House v The King error, and if so, whether this warranted the termination of the DOCA. The court found that Stevenson J did not commit a House v The King error in his evaluative determinations. The court held that the primary judge's determinations were not so unreasonable as to amount to a jurisdictional error, and therefore, the appeal was dismissed. The court also dismissed Decon's interlocutory application to amend its notice of appeal and ordered Decon to pay the respondents' costs.