Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shah v Hagemrad [2018] FCAFC 148 Appeal from: Shah v Hagemrad [2018] FCA 91
File number: NSD 252 of 2018
Judges: RARES, MARKOVIC, BANKS-SMITH JJ
Date of judgment: 13 August 2018
Catchwords: APPEAL – rehearing – review of judge's findings of fact – whether findings inconsistent with incontrovertibly established facts – power of appellate court to set aside findings – whether judge erred in calculation of damages
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 r 36.75
Cases cited: Australian Iron and Steel Limited v Greenwood (1962) 107 CLR 308 Enzed Holdings Limited v Wynthea Pty Limited (1984) 57 ALR 167 Mills v Stanway Coaches Limited [1940] 2 KB 334 Placer (Granny Smith) Pty Ltd v Thiers Contracts Pty Ltd (2003) 196 ALR 257 Warren v Coombes (1979) 142 CLR 531
Date of hearing: 13 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 33
Counsel for the Appellant: Dr AJ Greinke
Solicitor for the Appellant: Lodhia Lawyers
Counsel for the First Respondent: Mr CD Wood
Solicitor for the First Respondent: Paramonte Legal
ORDERS NSD 252 of 2018
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