Recent Cases

Pitcher Partners Holdings Pty Ltd v Twigg [2023] NSWCA 193 (23 August 2023) (Meagher and Adamson JJA, Basten AJA)


Catchwords:


PROCEDURE — application for permanent stay of proceedings — where in earlier proceedings respondent was successful in establishing breach of fiduciary duty against a separate party — where current proceedings seek to establish that applicants are accessorily liable for conduct of other party — whether forensic decision made not to join applicants to earlier proceedings — whether primary judge erred in assessment of prejudice — whether there was delay by respondent in bringing proceedings