Hawthorn Glen v Aconex – latest

Just two days ago, in the context of collaboration vendor Aconex‘s 2007 financial results (post updated today to include some additional information from Aconex), I said there had been some court activity in mid-November relating to the Hawthorn Glen Pty Ltd v. Aconex Pty Ltd shares dispute. I now know that these hearings, on 15 and 16 November, related to an ultimately unsuccessful Aconex attempt to re-open proceedings in order to introduce fresh evidence to support their case.

An order published on the Federal Court of Australia website, and a judgment (published by the Australasian Legal Information Institute – warning: it contains a lot of dry, convoluted legal discussion, but there are some interesting snippets relating to the key people and issues in the case) were published earlier today. Justice Goldberg dismissed the motion (on behalf of defendants Aconex, Robert Phillpot and Leigh Jasper) and awarded costs against Aconex.

Given that this order and judgment was delivered almost a month after a two-day hearing, this may indicate that the final judgment on the full court case may still be some weeks or even months away.

Permanent link to this article: http://extranetevolution.com/2007/12/hawthorn-glen-v/