HBSY Pty Ltd v Lewis

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJHBSY PTY LTD  PLAINTIFFANDGEOFFREY LEWIS & ANOR  DEFENDANTSHBSY Pty Ltd v Lewis[2024] HCA 35Date of Hearing: 9 May 2024Date of Judgment: 9 October 2024S106/2023ORDER1.A writ of certiorari issue directed to the second defendants, the Federal Court of Australia and the Judges thereof, to quash the decision of the Full Court of the Federal Court of Australia made on 14 July 2023 in proceeding NSD 726 of 2022 (HBSY Pty Ltd v Lewis [2023] FCAFC 109).2.A writ of mandamus issue directed to the second defendants commanding them to hear and determine the plaintiff's appeal from the whole of the judgment of the Supreme Court of New South Wales given on 24 June 2022 in proceeding 2019/263639. 3.The first defendant pay the plaintiff's costs in the Full Court of the Federal Court of Australia and in this Court.RepresentationM K Condon SC with D K Smith for the plaintiff (instructed by Roberts & Partners Lawyers)P J Menadue for the first defendant (instructed by Shields Lawyers)S P Donaghue KC, Solicitor-General of the Commonwealth, with C Ernst for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)Submitting appearance for the second defendantsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHBSY Pty Ltd v Lewis Federal Court of Australia – Jurisdiction – Statutory construction – Where plaintiff brought proceedings in New South Wales Supreme Court – Where plaintiff relied on...