Hannaford v Cactus Imaging Pty Ltd

The applicant, Hannaford, sought expedition of an appeal against an injunction that restrained them from engaging in certain employment, which was alleged to be in breach of a restraint of trade clause. The primary concern raised by the applicant was the risk of losing their livelihood if expedition was not granted. The application was heard by McColl JA of the Court of Appeal of New South Wales.

The central legal issue before the court was whether the circumstances warranted the expedition of the appeal. This involved considering the potential prejudice to the applicant if the appeal was not heard expeditiously, particularly in light of the restraint of trade clause and the alleged impact on their ability to earn a living.

McColl JA determined that expedition was appropriate in this instance. While the specific reasoning is not detailed in the provided text, the decision to grant expedition suggests the court weighed the applicant's asserted risk of significant and potentially irreparable harm to their livelihood against the usual processes of the court. The court's orders reflect a clear intention to expedite the appellate process.

The court ordered that the hearing of the summons seeking leave to appeal be expedited and heard concurrently with the hearing of the appeal itself. Costs of the motion were reserved to be costs in the cause. The parties were granted leave to approach the Registrar to arrange a date for the expedited hearing.