Carlisle Homes Pty Ltd v Barrett Property Group Pty Ltd [2009] FCAFC 31

FEDERAL COURT OF AUSTRALIA

Carlisle Homes Pty Ltd v Barrett Property Group Pty Ltd [2009] FCAFC 31

PRACTICE AND PROCEDURE – reasons for judgment – obligation to give reasons – whether failure to address important evidence – evidence given of events at conference between directors of appellant company and two solicitors – primary judge found that directors had colluded in giving consciously untrue evidence – five matters raised by evidence of one of solicitors said to conflict with that finding Held: leave to appeal granted but appeal dismissed – obligation to give reasons complied with in circumstances and no error identified in primary judge's reasons.

Copyright Act 1968 (Cth) s 14, s 31 Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375 affirmed Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd (2007) 74 IPR 52 referred to Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 discussed Bourke v Beneficial Finance Corp Ltd (1993) 47 FCR 264 discussed Briginshaw v Briginshaw (1938) 60 CLR 336 referred to Fletcher Construction Australia Ltd v Lines MacFarlane & Marshall Pty Ltd (No 2) (2002) 6 VR 1 discussed Fox v Percy (2003) 214 CLR 118 referred to Hunter v Transport Accident Commission (2005) 43 MVR 130 discussed Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd (2008) 248 ALR 364 referred to Mifsud v Campbell [1991] 21 NSWLR 725 discussed Palmer v Clarke (1989) 19 NSWLR 158 discussed Pettitt v Dunkley [1971] 1 NSWLR 376 discussed Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 discussed Sun Alliance Insurance Ltd v Massoud [1989] VR 8 discussed Waterways Authority v Fitzgibbon (2005) 79 ALJR 1816; 221 ALR 402 referred to

CARLISLE HOMES PTY LTD (ACN 106 263 209) v BARRETT PROPERTY GROUP PTY LTD (ACN 088 015 267) and SRS PROPERTY HOLDINGS PTY LTD (ACN 096 513 218)