Hadden v Inline Partners Pty Ltd

The applicant, Hadden, sought leave to appeal a decision of the primary court concerning a dispute with the respondent, Inline Partners Pty Ltd. The core of the disagreement involved whether Hadden was personally a party to a contract for accounting services provided by Inline Partners. These services were rendered to several companies, but also to Hadden directly and indirectly as a beneficiary of those companies.

The Court of Appeal was required to determine whether Hadden had an arguable case of injustice to warrant leave to appeal, particularly given the relatively modest nature of the claim. A significant aspect of this determination was whether Hadden was entitled to raise a new point on appeal that had not been considered by the primary court. The Court also had to consider whether the conduct of the parties implied that Hadden was a party to the contract for accounting services.

The Court reasoned that the primary judge had correctly identified the parties to the contract based on the conduct of the parties. It was held that where accounting services are provided to multiple entities and an individual is the direct or indirect beneficiary of those services, the conduct of the individual in instructing the accountant can establish them as a party to the contract. The Court found that Hadden had not demonstrated an arguable case of injustice, nor was it appropriate to allow a new point to be raised on appeal in these circumstances.

Consequently, the Court ordered that the summons seeking leave to appeal be dismissed, and that Hadden pay the respondent’s costs in the Court of Appeal.