Targus Australia Pty Ltd v Targus Group (UK) Ltd

The parties to this proceeding were Targus Australia Pty Ltd (the applicant) and Targus Group (UK) Ltd (the respondent). The dispute concerned an interlocutory appeal from a decision of the Commercial List of the Supreme Court of New South Wales. The applicant sought leave to appeal an interlocutory injunction granted to the respondent.

The primary legal issue before the Court of Appeal was whether the applicant had an arguable error of law in the primary judge's decision to grant an interlocutory injunction, and whether leave to appeal should be granted given the applicant's delay in seeking it. A related issue concerned the requirement for an undertaking as to damages from a shareholder of a party seeking interlocutory relief.

Basten and Macfarlan JJA dismissed the applicant's summons seeking leave to appeal. Their Honours found that the applicant had not demonstrated an arguable error in the primary judge's decision. The Court also considered the applicant's dilatory conduct in seeking leave to appeal, which weighed against the grant of leave. The legal principles applied involved the test for granting leave to appeal interlocutory decisions, particularly where an arguable error is not established and there has been significant delay.

Consequently, the Court ordered that the summons seeking leave to appeal filed on 28 September 2018 be dismissed, and that the applicant pay the respondent’s costs in the Court of Appeal.