Menzies v Paccar Financial Pty Ltd (No 5)

The appeal before the Court of Appeal of New South Wales concerned the final orders made in proceedings between Menzies and Paccar Financial Pty Ltd. The dispute had previously led to orders being made on 1 July 2014, which were subsequently the subject of an appeal.

The primary legal issue before the Court of Appeal was whether the final orders made on 1 July 2014 should be vacated. This question arose in circumstances where the Court had previously postponed the making of final orders to allow non-parties an opportunity to advise whether they wished to be joined to the proceedings or to be heard.

The Court reasoned that as the non-parties had not sought to be joined or to be heard following the postponement, there was no basis to vacate the original orders. Consequently, the Court dismissed the appeal.

The Court ordered that the order made on 1 July 2014 be vacated, and the appeal be dismissed with costs.