HBSY Pty Ltd v Lewis & Anor

In the High Court of Australia, HBSY Pty Ltd (the plaintiff) sought a constitutional or other writ against the Federal Court of Australia and its judges (the defendants). The dispute concerned the jurisdiction of the High Court in relation to an underlying matter that had proceeded through the Federal Court. The plaintiff's application was filed on 30 August 2023.

The primary legal issue before the High Court was whether it possessed jurisdiction to hear the plaintiff's application, particularly given the original jurisdiction of the High Court requires a "real controversy" to be enlivened. The court also considered the procedural steps necessary to facilitate the hearing of this jurisdictional question.

The court reasoned that the most efficient and cost-effective method of resolving the jurisdictional issue was to refer the matter to a Full Court of the High Court for hearing, rather than remitting the parties back to the Supreme Court of New South Wales. To establish a real controversy for the High Court's original jurisdiction, the parties were directed to confer and agree upon a statement of facts, drawing from paragraphs 1 to 14 of the reasons of the Full Court of the Federal Court. These facts were considered relatively uncontroversial and essential for framing the basic history and underlying dispute. The court then set out a detailed timetable for the filing of agreed facts, court books, written submissions, and a joint book of authorities, with the intention of hearing the matter as a one-day proceeding.