Scholes v Commonwealth of Australia [2022] FCAFC 132

Federal Court of Australia

Scholes v Commonwealth of Australia [2022] FCAFC 132 Appeal from: Scholes v Commonwealth of Australia [2021] FCA 1593

File number: VID 7 of 2022

Judgment of: LOGAN, KATZMANN AND GOODMAN JJ

Date of judgment: 8 August 2022

Catchwords: TORTS – tort of false imprisonment – where appellant was kidnapped in Nigeria and released after payment of ransom — where consular assistance provided for his safe return to Australia but appellant alleged that he was taken and held against his will — where appellant's account contrary to accounts of all other witnesses at trial and inconsistent with contemporaneous records —whether in rejecting his account primary judge fell into appealable error PRACTICE AND PROCEDURE – application to adduce further evidence on appeal – where after notice of appeal filed, subpoena issued to Commissioner of Australian Federal Police for production of telephone records and records produced, whether leave should be granted to appellant to tender those records PRACTICE AND PROCEDURE – adjournment application – where, after production of the subpoenaed records, appellant applied for an adjournment of the appeal so he could issue further subpoenas, whether adjournment should be granted

Cases cited: Fox v Percy (2003) 214 CLR 118 Lee v Lee (2019) 266 CLR 129

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 52

Date of hearing: 5 May 2022

Counsel for the Appellant: The appellant appeared in person