Sam McCarthy (led by A M Pomerenke KC) appeared for the appellant, instructed by Allens.
This case involved an appeal by G8 Education, concerning a former director of the appellant, who was prosecuted for criminal offences committed during her directorship. The grounds of appeal were firstly, that the primary judge erred in finding that the appellant is obliged to advance to the respondent any amount reasonably expected to be incurred for legal costs, and is not limited to or dependent upon the reasonableness of costs incurred, secondly, that clause 4.3(b) does not permit the imposition of terms that change or are inconsistent with the appellant’s obligations under clause 4.3(b), and thirdly, that the terms imposed by the appellant were not open to it to impose under clause 4.3(b). The Court held that the appeal be allowed in respect of paragraphs (b) and (c) of order 1, that paragraph (b) of order 1 be set aside, that paragraph (c) be amended, with the appeal and cross appeal otherwise dismissed.
The judgment can be read by clicking here
