In the case of Zuce Tech Pty Ltd v Ebert [2024] QCA 219, the Queensland Court of Appeal ruled in favor of the appellant, Zuce Tech Pty Ltd, setting aside the orders from the proceeding's initial hearing. The court addressed whether the primary judge appropriately granted a stay of proceedings in view of a pending criminal investigation. The case involved allegations that Ebert unlawfully took confidential information and property from Zuce Tech while managing the company during its director's hospitalization. Zuce Tech appealed the decision, arguing procedural errors by the primary judge, particularly in the application of the stay based on the overlap of civil and potential criminal proceedings. The Appeal Court found the stay inappropriate as the respondent had not been criminally charged, nullifying the application of the companion principle related to self-incrimination. Consequently, the court dismissed the stay application and ordered the respondent to cover the appellant's legal costs for both the initial application and the appeal.
Full text: https://www.sclqld.org.au/caselaw/150421