Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stewart v Biodiesel Producers Limited [2008] FCAFC 66 CORPORATIONS LAW – resolution of company board rescinded – issue of performance shares set aside – subscription money only paid – whether primary Judge erred by not moulding equities of relief. PRACTICE AND PROCEDURE – leave to raise new argument on appeal – inadvertence by party seeking leave – complexity and inconvenience of remittal – leave refused.
Corporations Act 2001 (Cth) chapter 2E
Biodiesel Producers Limited (ACN 099 165 876) v Stewart [2007] FCA 722 affirmed H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 considered M87 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 148 cited ANTHONY PAUL STEWART v BIODIESEL PRODUCERS LIMITED (ACN 099 165 876) AND DENNIS BARRON WAD 116 OF 2007
RYAN, MOORE AND TAMBERLIN JJ
24 APRIL 2008
HEARD IN PERTH, DELIVERED IN SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 116 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY PAUL STEWART
Appellant
AND: BIODIESEL PRODUCERS LIMITED (ACN 099 165 876)
First Respondent
DENNIS BARRON
Second Respondent
JUDGES: RYAN, MOORE AND TAMBERLIN JJ
DATE OF ORDER: 24 APRIL 2008
WHERE MADE: HEARD IN PERTH, DELIVERED IN SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 116 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ANTHONY PAUL STEWART
Appellant
AND: BIODIESEL PRODUCERS LIMITED (ACN 099 165 876)
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