HNOE Limited v Angus & Julia Stone Pty Ltd

Case [2024] NSWCA 271


Court of Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: HNOE Limited v Angus & Julia Stone Pty Ltd [2024] NSWCA 271
Hearing dates: 23 October 2024
Date of orders: 19 November 2024
Decision date: 19 November 2024
Before: Bell CJ at [1];
Leeming JA at [118];
Payne JA at [124]
Decision:

(1)   Grant leave to appeal.

(2)   Appeal allowed with costs.

(3)   Set aside the orders of the primary judge and in lieu thereof, order that:

       (a)    the proceedings be stayed;

       (b)    the plaintiffs be ordered to pay the costs of the notice of motion filed on 15 March 2024.

Catchwords:

PRACTICE AND PROCEDURE – Summary dismissal – Whether the plaintiffs’ claims for breach of statutory duty should not have been summarily dismissed – Where availability of action was a pure question of law involving no questions of fact and admitting of only one correct answer – Whether, in circumstances of particular case, there was utility in determining issue on a summary basis

PRIVATE INTERNATIONAL LAW – Stay of proceedings – Exclusive jurisdiction clause – Where jurisdiction clause was elliptical in that its scope or extent was not spelt out – Where not all parties to proceedings bound by clause – Whether stay should still be granted – “Non-parties” and non-parties –Whether strong reasons not to give effect to exclusive jurisdiction clause through a stay of proceedings

TORTS – Breach of statutory duty – Entertainment Industry Act 2013 (NSW), s 11 – Whether the legislature intended to create a private cause of action for breach of statutory duty – Where statute provided a range of remedies – No intention to create a private cause of action – Summary dismissal of claims for breach of statutory duty

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 56

Entertainment Industry Act 2013 (NSW), ss 4, 5, 6, 9, 11, 20, 21, 22, 24, 25, 39, 43, sch 1 cl 2(8)

Industrial Arbitration Act 1912 (NSW), s 521

Industrial Relations (Child Employment) Act 2006 (NSW), s 15(5)

Industrial Relations Act 1996 (NSW), s 357(5)

Entertainment Industry Regulation 2020 (NSW), reg 4

Entertainment Industry Regulation 2014 (NSW), reg 4

Cases Cited:

Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41

Akai Pty Ltd v People’s Insurance Company Ltd (1996) 188 CLR 418; [1996] HCA 39

Anderson v Mackellar County Council (1968) 69 SR (NSW) 444

Askin v Knox [1989] 1 NZLR 248

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61

Bailey v New South Wales Medical Defence Union Ltd (1995) 184 CLR 399; [1995] HCA 28

Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27

Boensch v Pascoe (No 2) [2017] FCA 146

Brimson v Rocla Concrete Pipes Ltd (1982) 2 NSWLR 937

Byrne & Frew v Australian Airlines Ltd (1995) 185 CLR 410; [1995] HCA 24

Crimmins v Stevedoring Industry Finance Committee (1999) 200…

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Details
AGLC
HNOE Limited v Angus & Julia Stone Pty Ltd [2024] NSWCA 271
Case
[2024] NSWCA 271
Decision Date

CaseChat Overview and Summary

HNOE Limited (the appellant) appealed to the Court of Appeal of New South Wales against orders made by a primary judge. The appeal concerned claims brought by Angus & Julia Stone Pty Ltd (the respondents) for breach of statutory duty under section 11 of the *Entertainment Industry Act 2013* (NSW), and a cross-appeal concerning a stay of proceedings based on an exclusive jurisdiction clause. The primary judge had dismissed the respondents' claims for breach of statutory duty summarily.

The Court of Appeal was required to determine whether the respondents' claims for breach of statutory duty under section 11 of the *Entertainment Industry Act 2013* (NSW) should have been summarily dismissed. This involved considering whether the legislature intended to create a private cause of action for breach of that statutory duty, particularly given the remedies already provided by the statute. Additionally, the court had to consider whether to grant a stay of proceedings based on an exclusive jurisdiction clause, even though the clause was elliptical in its scope and not all parties to the proceedings were bound by it, and whether there were strong reasons not to give effect to the clause.

The Court of Appeal held that the primary judge erred in summarily dismissing the claims for breach of statutory duty. Their Honours reasoned that the *Entertainment Industry Act 2013* (NSW) did not intend to create a private cause of action for breach of section 11, as the statute provided a range of other remedies. Consequently, the claims for breach of statutory duty were not maintainable. Regarding the stay of proceedings, the court found that the exclusive jurisdiction clause, despite its limitations, was sufficiently clear to warrant a stay, and there were no strong reasons not to give effect to it.

The Court of Appeal granted leave to appeal, allowed the appeal with costs, and set aside the orders of the primary judge. In lieu thereof, the court ordered that the proceedings be stayed and that the respondents pay the costs of the notice of motion filed on 15 March 2024.

Orders

Orders of the court

(1) Grant leave to appeal.

(2) Appeal allowed with costs.

(3) Set aside the orders of the primary judge and in lieu thereof, order that:

(a) the proceedings be stayed;

(b) the plaintiffs be ordered to pay the costs of the notice of motion filed on 15 March 2024.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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