Gambaro v Mobycom Mobile Pty Ltd

The matter of Gambaro v Mobycom Mobile Pty Ltd came before the court in an application for an extension of time for leave to appeal from interlocutory orders of the Federal Circuit Court of Australia. The applicant, Gambaro, sought to appeal certain interlocutory orders made in the proceedings against Mobycom Mobile Pty Ltd, which involved a dispute over the validity and enforcement of a non-compete clause in an employment contract. The primary judge had ruled on several preliminary matters, including the admissibility of certain evidence and the scope of the non-compete clause.

The legal issues the court was required to decide related to the procedural fairness of the primary judge's handling of the case, specifically addressing allegations of apprehended bias and unfair conduct by the primary judge. Additionally, the court had to consider whether the applicant had demonstrated sufficient grounds to justify an extension of time for filing the application for leave to appeal and whether there were exceptional circumstances warranting leave to appeal the interlocutory orders.

The court allowed the extension of time for filing the application for leave to appeal and granted leave to appeal from the interlocutory orders. In reaching this decision, the court found that the applicant had made out a case of apprehended bias against the primary judge and had demonstrated that the primary judge had acted in a manner that was unfair. The court was satisfied that the applicant had provided a reasonable explanation for the delay in filing the application for leave to appeal and that there were grounds to believe that the appeal would succeed on the merits. Consequently, the court allowed the application for leave to appeal and set a deadline for the filing and serving of the notice of appeal.

The orders of the court included an extension of time for the applicant to file the application for leave to appeal until 7 November 2018, granting the applicant leave to appeal from the interlocutory orders, and requiring the applicant to file and serve the notice of appeal by 4 pm on 20 June 2019. The entry of these orders was governed by Rule 39.32 of the Federal Court Rules 2011.