Khoury v Sidhu [2011] FCAFC 71

FEDERAL COURT OF AUSTRALIA

Khoury v Sidhu [2011] FCAFC 71 Citation: Khoury v Sidhu [2011] FCAFC 71

Appeal from: Khoury v Sidhu (No. 2) [2010] FCA 1320

Parties: MANUEL KHOURY and SAMIRA KHOURY v BALDEV SINGH SIDHU, ALLIANCE CAPITAL CORPORATION PTY LTD (ACN 102 712 836) and QUEENSLAND DIRECT FINANCE PTY LTD (ACN 112 372 111)

File number: QUD 525 of 2010

Judges: STONE, JACOBSON & COLLIER JJ

Date of judgment: 27 May 2011

Catchwords: PRACTICE AND PROCEDURE – appeal from interlocutory decision granting leave to amend defence – primary proceeding concerns claim for misleading and deceptive conduct and damages pursuant to s 87 Trade Practices Act – amended defence seeks reduction in damages on basis of appellants' contribution to loss – whether primary judge found that damages under s 87 could be reduced having regard to considerations in s 82(1B) and Part VIA – no such findings made – whether primary judge erred in finding that the above propositions were arguable – necessary to persuade Court that arguments so entirely without merit as to warrant summary dismissal – interlocutory decision involved exercise of discretion on a matter of practice and procedure – exercise of discretion must be infected by error – appellate Court will not lightly interfere – no error found – appeal dismissed

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA(1) Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Cth) Trade Practices Act 1974 (Cth) ss 52(1), 82(1B) 87(1), 87(1A) and 87(2)(d), 87CB and 87CD

Cases cited: Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191 Henville v Walker (2001) 206 CLR 459 House v R (1936) 55 CLR 499 I&L Securities Pty Limited v HTW Valuers (Brisbane) Pty Limited (2002) 210 CLR 109