A court should not determine a seriously arguable novel point of statutory construction at the pleading stage, particularly where the answer may depend on factual context. On an application for leave to appeal from an interlocutory case management order in a specialist managed list, an even greater degree of clarity as to error must appear than the ordinary interlocutory appeal standard. The construction of s 729(1) of the Corporations Act 2001 (Cth) regarding whether consent is required to derivative statements or only original statements remains an open question.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.