Hannover Life Re of Australasia Ltd v Dargan

Hannover Life Re of Australasia Ltd and others (the appellants) sought an order from the Court of Appeal to strike out a notice of contention filed by Dargan (the respondent). The core of the dispute concerned the validity and effect of the respondent's notice of contention in the context of an appeal.

The Court of Appeal was required to determine whether a single Judge of Appeal possessed the authority to make an order striking out a notice of contention. Furthermore, the Court had to consider whether, even if such power existed, the respondent was entitled to rely on any ground within the notice of contention, subject to considerations of fairness, and whether any such unfairness had been demonstrated.

Barrett JA, sitting as a single Judge of Appeal, doubted whether a single Judge of Appeal had the power to strike out a notice of contention. However, his Honour found that, in any event, the respondent was entitled to rely on the grounds raised in the notice of contention, as no relevant unfairness to the appellants had been shown. Consequently, the application by the appellants to strike out the notice of contention was dismissed. The notice of motion filed by the appellants on 11 June 2012 was dismissed with costs.