Recent Cases

Marlin Brands Australia Ltd v Brando Aus Holdco Pty Ltd [2022] NSWCA 59 (12 April 2022) (Meagher, Leeming and Brereton JJA)


APPEAL – interlocutory decision – joinder of additional defendants back-dated to commencement of proceedings – challenge to decision to back-date joinder – consequent upon potential contractual limitation defence – where outcome of appeal would not prevent trial – variety of ways in which issue might not arise – absence of full argument on construction of defence and underlying power – where point available to be taken as of right after trial, if it were material to any judgment – leave refused