Addenbrooke Pty Limited v Duncan (No 3) [2017] FCAFC 166

FEDERAL COURT OF AUSTRALIA

Addenbrooke Pty Limited v Duncan (No 3) [2017] FCAFC 166 Appeal from: Addenbrooke Pty Limited v Duncan (No 6) [2015] FCA 793

File number: NSD 1001 of 2015

Judges: DOWSETT, GILMOUR AND WHITE JJ

Date of judgment: 25 October 2017

Catchwords: APPEAL AND NEW TRIAL – Full Court previously ordered that particular claims be remitted for trial – request for clarification of the power exercised to order new trial – request declined. APPEAL AND NEW TRIAL – application for orders that retrial be conducted on the papers and on the basis of the evidence adduced at the original trial – whether Full Court should circumscribe the scope and manner of conduct of the retrial, other than by confining the issues to be addressed – application refused. COSTS – costs of the appeal – (By majority) – Appellant had substantial success on the appeal – no special or exceptional circumstance which would make an order for costs in favour of appellant inappropriate.

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Federal Court of Australia Act 1976 (Cth) ss 28(1), 30, 37M Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW)

Cases cited: Addenbrooke Pty Limited v Duncan (No 2) [2017] FCAFC 76 Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Miller v Miller (1978) 141 CLR 269 Remington Products Australia Pty Ltd v Energizer Australia Pty Ltd [2008] FCAFC 47; (2008) 246 ALR 113 Simonton v Australia Prudential Regulation Authority [2006] FCAFC 118; (2006) 152 FCR 129 Vata-Meyer v The Commonwealth (No 2) [2015] FCAFC 167