Hurd v Zomojo Pty Ltd

Hurd sought to appeal against a decision made by Gordon J and affirmed by Jessup J in relation to his claims against Zomojo and Hurd. Zomojo and Hurd applied to dismiss the appeal and for the appellant to pay their costs. Hurd applied for an extension of time to appeal and also sought an order that a writ of certiorari be issued to quash the judgments and orders made by Gordon J and affirmed by Jessup J. The court was required to decide whether Hurd's appeal should be dismissed and whether his application for a writ of certiorari should be granted. The court found that Hurd's appeal was without substance and dismissed it. The court also found that Hurd's application for a writ of certiorari should be dismissed. Hurd was ordered to pay the respondents' costs of and incidental to the appellant's applications and the appeal.

The court found that Hurd's appeal was without substance. The court found that Hurd's allegations of breaches of fiduciary and statutory director's duties were not made out on the evidence. The court found that Hurd's claims that he was denied the opportunity to adduce evidence were also without substance. The court found that Hurd's general asserted errors had no substance and that his appeal was merely an attempt to retry the merits. The court found that Hurd's challenge to Jessup J's decision was also without substance. The court found that Jessup J had proceeded in an orthodox fashion and that his decision did not substantively turn on credibility issues. The court found that Hurd's application for a writ of certiorari should be dismissed because it was an attempt to retry the merits on appeal. The court found that Hurd's appeal was without substance and dismissed it. Hurd was ordered to pay the respondents' costs of and incidental to the appellant's applications and the appeal.