Federal Court of Australia
Federal Court of Australia
Harvard Nominees Pty Ltd v Nicoletti [2022] FCAFC 179 Appeal from: Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105
File number: WAD 59 of 2022
Judgment of: BANKS-SMITH, COLVIN AND O'SULLIVAN JJ
Date of judgment: 8 November 2022
Catchwords: CONSUMER LAW - where on remitter primary judge found that first and second respondents were liable to pay damages arising from loss under the Australian Consumer Law - where primary judge held that the remitter did not disturb first instance findings as to the third respondent and therefore did not order damages against him - where appellant alleges that the primary judge erred in construing the nature and terms of the remittal - where the primary judge properly construed the reasons and orders of the Full Court - appeal dismissed
Cases cited: Harvard Nominees Pty Ltd v Tiller (No 2) [2020] FCA 604 Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105 Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229 Re The Spanish Club Ltd [2015] NSWSC 1858
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 110
Date of last submissions: 29 August 2022 (Appellant) 12 September 2022 (Third Respondent)
Date of hearing: 24 August 2022
Counsel for the Applicant: Mr RC Newlinds SC with Mr TM Rogan
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