Capital Webworks Pty Ltd v Adultshop.com.limited

[2005] FCAFC 232

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory orders
3. › Disclosure orders
4. › Order to disclose beneficial ownership of cause of action
5. › Whether order properly made on the evidence
6. › Whether foundation established for order
1. Practice and Procedure
2. › Abuse of process
3. › Maintenance and champerty
4. › Third party funding of litigation
5. › Whether third party funding of security for costs gives rise to abuse of process
6. › Whether court entitled to order disclosure of funding arrangements
1. Appeal
2. › Appellate review of discretionary decisions
3. › Interlocutory orders on matters of practice and procedure
4. › Standard of review
5. › Whether appellate court should interfere with docket judge's case management decision
6. › Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170

Quick Take

An appellate court will not interfere with a docket judge's interlocutory case management order, even one affected by error of principle, where the order concerns a matter of practice and procedure and the proper time to challenge it is after judgment on the underlying motion. The mere fact that a third party has lent money to fund security for costs, even with an expectation of repayment from litigation proceeds, falls well short of establishing abuse of process sufficient to ground an order for disclosure of funding arrangements.