Digi-Tech (Australia) Ltd v Brand & 5 Ors; Digi-Tech (Australia) Ltd v Kelliher & 3 Ors; Kalifair Pty Ltd & 3 Ors v Digi-Tech (Australia) Ltd & 3 Ors; McLean Tecnic Pty Ltd & 1 or v Digi-Tech (Australia) Ltd & 3 Ors No 2

The proceedings involved multiple related actions brought by Digi-Tech (Australia) Ltd against various parties, including Brand, Kelliher, Kalifair Pty Ltd, and McLean Tecnic Pty Ltd. The core of the dispute concerned complex commercial matters, and the appeals addressed the costs associated with these proceedings. The matter was heard by the Court of Appeal of the Supreme Court of Victoria.

The primary legal issues before the Court of Appeal were how to best manage the costs of complex litigation, specifically whether the matter should be remitted to the trial judge or another judge of the Commercial List for further determination, the precise wording of any question to be remitted, and whether leave should be granted to enforce existing costs orders.

The Court of Appeal considered the appropriate approach to costs in complex commercial proceedings, acknowledging the significant expenditure already incurred. The court determined that remitting the matter to a Commercial List judge was the most efficient way to resolve the outstanding cost issues. The court also settled the specific wording of the question to be remitted to ensure clarity and facilitate a focused determination by the Commercial List judge. Furthermore, the court addressed the application for leave to enforce costs orders, considering the circumstances and the stage of the proceedings.

The Court of Appeal made orders regarding the remission of the costs issues to a judge of the Commercial List and granted leave to enforce certain costs orders, with specific directions as to the wording of the remitted question.