FEDERAL COURT OF AUSTRALIA
Hurd v Zomojo Pty Ltd (No 2) [2013] FCA 146
Citation: Hurd v Zomojo Pty Ltd (No 2) [2013] FCA 146 Parties: MATTHEW HURD, ZEPTONICS PTY LTD
(ACN 141 647 716), CROSSWISE PTY LTD (ACN 140 717 317), MD HAMMER PTY LTD (ACN 149 869 189), ZEPTO MARKETS PTY LTD (ACN 150 529 301), ZEPTO FABRICS PTY LTD (ACN 156 138 000), ZEPTOIP PTY LTD (ACN 156 133 087) and TRADEMACH PTY LTD (ACN 155 683 864) v ZOMOJO PTY LTD (ACN 114 604 269) and ZOMOJO STAFF HOLDINGS PTY LTD (ACN 149 645 134)MATTHEW HURD, JOLENE (TAS) PTY LTD (ACN 082 267 516) and HURD FAMILY SUPERANNUATION FUND v ZOMOJO PTY LTD (ACN 114 604 269)
File number: VID 104 of 2013 Judge: MARSHALL J Date of judgment: 1 March 2013 Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal – leave to appeal refused Cases cited: Hurd v Zomojo Pty Ltd [2013] FCA 145
Shannon v Commonwealth Bank of Australia [2012] FCA 1378
Zomojo Pty Ltd v Hurd (No 2) [2012] FCA 1458
Zomojo Pty Ltd v Hurd (No 3) [2013] FCA 54Date of hearing: 26 February 2013 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 7 Mr M Hurd appeared in person and also for the Hurd Family Superannuation Fund Counsel for the Respondents: Dr M Collins SC with Dr M Sharpe
Solicitor for the Respondents: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 104 of 2013
BETWEEN: MATTHEW HURD
First ApplicantZEPTONICS PTY LTD (ACN 141 647 716)
Second ApplicantCROSSWISE PTY LTD (ACN 140 717 317)
Third ApplicantMD HAMMER PTY LTD (ACN 149 869 189)
Fourth ApplicantZEPTO MARKETS PTY LTD (ACN 150 529 301)
Fifth ApplicantZEPTO FABRICS PTY LTD (ACN 156 138 000)
Sixth ApplicantZEPTOIP PTY LTD (ACN 156 133 087)
Seventh ApplicantTRADEMACH PTY LTD (ACN 155 683 864)
Eighth ApplicantAND: ZOMOJO PTY LTD (ACN 114 604 269)
First RespondentZOMOJO STAFF HOLDINGS PTY LTD (ACN 149 645 134)
Second Respondent
BETWEEN: MATTHEW HURD
First ApplicantJOLENE (TAS) PTY LTD (ACN 082 267 516)
Second ApplicantHURD FAMILY SUPERANNUATION FUND
Third ApplicantAND: ZOMOJO PTY LTD (ACN 114 604 269)
Respondent
JUDGE:
MARSHALL J
DATE OF ORDER:
26 FEBRUARY 2013
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.Leave is refused to extend the time within which to apply for leave to appeal from the judgment of Gordon J of 5 February 2013.
2.Leave is refused to extend the time within which to apply for leave to rescind orders made by Gordon J on 5 February 2013 with respect to a cross-claim.
3.The applicants for leave pay the respondents’ costs of and associated with all interlocutory applications before the Court on 26 February 2013.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 104 of…
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- Case
- [2013] FCA 146
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the applicants' requests for leave to appeal and to rescind orders. The applicants argued that they had a reasonable prospect of success on appeal and that there were substantial grounds to challenge the orders. The court had to determine whether the applicants' arguments were sufficiently compelling to warrant the granting of leave.
The court considered the applicants' submissions but found them insufficient to warrant the granting of leave. The applicants did not demonstrate a reasonable prospect of success on appeal, and the court was not satisfied that there were substantial grounds to challenge the orders. Consequently, the court refused the applications for leave to appeal and to rescind orders. Additionally, the applicants were ordered to pay the respondents' costs associated with the interlocutory applications.
The court's orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011, which governs the entry of orders in such circumstances. The applicants' requests for leave were denied, and they were required to pay the respondents' costs for the interlocutory applications.
Orders
Orders of the court
1. Leave is refused to extend the time within which to apply for leave to appeal from the judgment of Gordon J of 5 February 2013.
2. Leave is refused to extend the time within which to apply for leave to rescind orders made by Gordon J on 5 February 2013 with respect to a cross-claim.
3. The applicants for leave pay the respondents’ costs of and associated with all interlocutory applications before the Court on 26 February 2013.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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