HNOE Limited v Angus & Julia Stone Pty Ltd

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.